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Ius et Praxis

On-line version ISSN 0718-0012

Abstract

MERA GONZALEZ-BALLESTEROS, Alejandra. RESTORATIVE JUSTICE AND CRIMINAL JUSTICE PROCEDURAL SAFEGUARDS: LIMITS AND POSSIBILITIES . Ius et Praxis [online]. 2009, vol.15, n.2, pp.165-195. ISSN 0718-0012.  http://dx.doi.org/10.4067/S0718-00122009000200006.

Since more than thirty years, many countries have implemented restorative justice programmes to deal with criminal matters, especially with young offenders. This programmes offer different ways to deal with the aftermaths of a crime, through diversion, reparation and the active participation of those involved in the conflict. This dramatic development has occurred, though, without broad legal regulations or deep debates regarding procedural safeguards and standards. Nevertheless, as restorative justice programmes grow and are being used to deal with serious offences and adult offenders, the need for the setting of safeguards is pressing. Until now, there is not agreement in the literature regarding the specific content of procedural safeguards for restorative justice. This paper suggests that procedural safeguards for restorative justice programmes are needed. But also proposes that these standards should respect restorative justice principles and aims.

Keywords : Restorative Justice; Procedural Safeguards; Criminal Justice.

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