초록 열기/닫기 버튼


Corrections which aim at guiding criminals aright and make the central axis of criminal justice in the 20th century are being criticized at the end of the 20th century. Reflation on corrections consequently shows a necessity of a new criminal sanction system and victim restitution is also being discussed on one of a new system. This study, from this point of view, considers whether victim restitution can be included in present criminal sanction system that is broadly divided into punitive sanction and sanctions for preservation of public peace. About this point, we have studied that whether it is possible that victim restitution harmonizes with the object of criminal sanction and if it is possible, what is the most desirable type. Our conclusion is as follows: First, victim restitution can be considered as one of criminal sanction which agrees with retributive and preventive purpose of criminal sanction. Second, on the type of victim restitution as one of a new criminal sanction system, it is better that victim restitution should be considered as the third sanction system which can make up for the weak points of punitive sanction and sanctions for preservation of public peace between of these. And in view of meaning of victims in the criminal sanction system, Victim - Offender - Meditation which both an offender and a victim take part in the meditation procedure is most desirable sanction system which substitutes the traditional punishment such as imprisonment or fine, because it can be ways which unravel mental and material conflict between an offender and a victim.


Corrections which aim at guiding criminals aright and make the central axis of criminal justice in the 20th century are being criticized at the end of the 20th century. Reflation on corrections consequently shows a necessity of a new criminal sanction system and victim restitution is also being discussed on one of a new system. This study, from this point of view, considers whether victim restitution can be included in present criminal sanction system that is broadly divided into punitive sanction and sanctions for preservation of public peace. About this point, we have studied that whether it is possible that victim restitution harmonizes with the object of criminal sanction and if it is possible, what is the most desirable type. Our conclusion is as follows: First, victim restitution can be considered as one of criminal sanction which agrees with retributive and preventive purpose of criminal sanction. Second, on the type of victim restitution as one of a new criminal sanction system, it is better that victim restitution should be considered as the third sanction system which can make up for the weak points of punitive sanction and sanctions for preservation of public peace between of these. And in view of meaning of victims in the criminal sanction system, Victim - Offender - Meditation which both an offender and a victim take part in the meditation procedure is most desirable sanction system which substitutes the traditional punishment such as imprisonment or fine, because it can be ways which unravel mental and material conflict between an offender and a victim.


키워드열기/닫기 버튼

Victim Restitution, Criminal sanction, Victim - Offender - Meditation