Prosecutor participation in criminal mediation: Legal regulation, challenges, and ways to overcome them

Анотація

The article reveals general theoretical and practical issues of the prosecutor's role in criminal mediation. The author describes scientific and legal approaches to defining the concept of “mediation.” Based on an analysis of current legislation, the author reveals aspects of the prosecutor's participation in restorative justice practices and his role in concluding agreements between the parties. Despite the existing legislation, the author notes a number of legal conflicts and practical problems regarding the role of the prosecutor in criminal mediation. In particular, the author emphasizes the conflict between confidentiality and public interest, as well as the problem of determining the voluntariness of the parties. In addition, the author notes practical obstacles to the implementation of criminal mediation, which stem from cultural characteristics and inadequate information. The novelty of the article lies in the comprehensive recommendations provided by the author for solving the identified problems, in particular, specific legislative changes to the Criminal Procedure Code of Ukraine. The author also emphasizes the need to implement educational programs and practices to inform the public about the benefits of mediation. The general comprehensive recommendations form a coherent concept for improving the effectiveness of the prosecutor's role in domestic restorative justice practices.

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