Restorative justice in German criminal law and experience for Vietnam

Abstract

Restorative justice is an approach to justice that focuses on repairing the damages caused by offences and conflicts, understanding and responding to the needs of all involving stakeholders (to the extent possible) with the community’s participation, and aims at restoring, healing, bringing happiness to the people affected, and restoring safety to the community. Restorative justice prioritises the application of mediation, putting victims and offenders at the centre of the conflict resolution process. This model is quite widely used in European countries, especially in Germany. This article focuses on analysing restorative justice in German criminal law, with a focus on reconciliation between victims and offenders. On that basis, the author summarises the best points about establishing a restorative justice model through mediation and compensation in Germany, including the application authority, subjects, scope, criteria, and conditions for implementing restorative justice; identifies the relevance of restorative justice application in Vietnam; and proposes lessons for Vietnam based on Germany’s experience.