Judgment

Judgment

Piracy in the light of international documents (2)

Document Type : Scientific

Author
Abstract
Although the history of some punishments, especially retaliatory punishments, has shown attention to victims, in the modern era, excessive attention to collective rights over individual rights on the one hand and distancing from the retaliatory approach on the other hand has caused crime to become a confrontation between the criminal and society, and the victim as a third party has been given less attention or, in some cases, has not been given attention at all. Since 1980, the school of restorative justice has emerged, relying on a new ideology, namely victim-centeredness, and believes that all past criminal schools have undermined the foundation by marginalizing the victim and giving him a passive role. In this regard, restorative justice is also a set of formal concepts proposed in this new school. Restorative justice, on the one hand, seeks to promote a victim-centered approach and repair the damage done to the victim, and moves him from being marginalized in the criminal justice system to playing an active role in the restorative process. On the other hand, by creating a connection between the offender and the victim and considering the damage done to the victim by the offender himself, it encourages and stimulates a sense of responsibility in him towards reaching a restorative agreement with the victim and fulfilling his restorative obligations. Keywords Restorative justice Victim, offender, local community, restorative processes