Applicability of Restorative Justice in Cases of Domestic Violence-Case Study of Bosnia and Herzegovina
摘要
Domestic violence, for various reasons, has been and still is a true challenge for the theory and practice of criminal law. Its nature makes it suitable to be part of the dark figure of crime and although national and international endeavors for its prevention exist and are visible, countries are still seeking an effective way to encourage victims to report this crime and with that to open the opportunity for punishment of perpetrators. This chapter aims to test whether a different approach to the perpetrator and victim, in the form of restorative justice (hereinafter RJ), would be suitable to be applied in cases of domestic violence and if its application would overcome the challenges of reporting and effectiveness in prosecutions of this type of criminal offense. To achieve that goal, the author will correlate the general concept of restorative justice with the nature of domestic violence, and in concreto, upon identification of types of restorative justice programs applicable in Bosnia and Herzegovina, through the analysis of relevant provisions of positive criminal codes applicable in that country, establishes whether this criminal offense fits under objective criteria of application of RJ.