the problems caused by the traditional system of criminal justice (which are based on remuneration and rehabilitation) such as, lack of attention to victim’s rights and position and society, underlie the emergence of restorative justice which had the victim-centered perspective, with respect to the role of the offender and participation of civil society. meanwhile, criminal mediation forms as one of the methods of restorative justice.
criminal mediation is the tripartite process, which regardless of the usual formalities in criminal process, resolves various problems with direct or indirect discussion and visit based on previous agreement between victims and offender with the presence of nonpartisan person (mediation) during several sessions.
despite the fact that in our country this institution doesn’t have known position, many principles of restorative justice are known in culture, believes, religious and official rules. our rules have enough capability through expanding and institutionalizing of criminal mediation. claim that these legal developments in the legal systems have no effects. moreover, although the former was not mentioned as mediation clearly in our law, this institution was mentioned explicitly in criminal procedure act number 1, 82, 83 and 84. this is the initial promising approach to restorative justice and criminal mediation as one of the methods in our criminal laws.
keywords: restorative justice, criminal mediation, criminal law, victim, offender