Particularităţi normative actuale în favoarea aplicării mecanismelor justiţiei restaurative pentru minori în sistemul procesual penal

Judecător Raul Alexandru NESTOR

Tribunalul Bucureşti

ABSTRACT

Although the application of the specific mechanisms of restorative justice to conflict situations would present indisputable advantages, we will have to note that restorative justice is not a priority for the national legislator, an extended regulation can bring multiple advantages, including at the level of the judicial system.

Constantly, at the level of all contemporary legal systems, clear efforts have been made to improve the classic judicial mechanisms, but there have been situations in which traditional criminal justice has demonstrated over time its inefficiency in the prevention of delinquency and the social reinsertion of aggressors.

The retributive nature of the system aimed at punishing the guilty allows with great difficulty a resettlement of social relations in a non-aggressive form....