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IS RESTORATIVE JUSTICE AN APPROPRIATE LEGAL REMEDIATION FOR SEXUAL VIOLENCE?

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Kazic E., Ćorović R.
Review of European and Comparative Law
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2019
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vol. 37
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issue 2
65-95
EN
This paper questions applicability of restorative justice in cases of sexual violence. Specific nature and serious consequences of sexual violence are the reason why this question appeared. In order to find out the answer, authors represented the characteristics, mechanisms and nature of restorative justice, offering in the same time comparition of arguments in favor and against of applicability of restorative justice in this, particulary sensitive type of criminal offences. Together with review of different theoretical approaches to this matter, authors tested applicability of restorative justice in cases of sexual violence in Bosnia and Herzegovina. In this paper  normative, comparative and historical scientific methods have been used.
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A Few Remarks About Challenges in Application of Restorative Justice: A Case Study of Bosnia and Herzegovina

100%
Kazic E., Ćorović R.
Review of European and Comparative Law
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2022
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vol. 49
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issue 2
153-172
EN
Restorative justice is without any doubt one of the most important steps in the development of criminal law, which at the same time increased the level of humanity in the approach towards perpetrators and victims and managed to achieve the principle goals of criminal law. A few decades have passed since its idea and approach was borrowed from the traditional communities that among themselves applied it for centuries and it was transformed into the new approach of justice offering many benefits to the community where it is established. Formally, it has been more than 20 years since Bosnia and Herzegovina embraced restorative justice within its criminal law. This paper aims to discuss how much de facto it has been applied in this country and to present results of interviews with representatives from legal theory and practice where they refer to restorative justice and its major challenges for application and propose mechanisms for overcoming existing difficulties. In this article, the authors use normative, descriptive scientific methods and statistics and interviews as tools for the collection of data.
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