Restitution and compensation as a special form of victimological crime prevention experience Western Europe and USА
Keywords:
victimological prevention, restitution, compensation, secondary victimization, compensation of damages
Abstract
The article deals with important victimological forms in crime prevention such as restitution and compensation. A lot of attention is paid to the experience of European countries and the United States over the compensation for damages through reconciliation between victim and accused person. Also providing victims of criminal assault sum of professional medical and psychological assistance. Taking into account this experience in legislation of Ukraine. In the current international criminological concepts behavior of the victim is treated as an important element in the system of determination of the crime. Therefore victimological prevention in some developed countries is considered as a specific component of the state activity and activity of civil society institutions on combating crime. Effective victimological crime prevention is impossible without integrating measures to prevent primary and secondary victimization of victims. Since the phenomenon of «secondary victimization of victims» which is manifested in the appearance of the «complex of victim» may determine process of re-victimization and even criminalization of the victim (the phenomenon of «revenge martyrs»). The fact that it is not just one of victimological challenges but a key problem is reflected in the concentration of almost all victimological components inside. Legal and doctrinal victimological determination of victim is given through the concept of «harm», and the main focus of social and psychological rehabilitation of victims is in neutralization of the harmful consequences of crime and offense. However, as pointed in international documents and current foreign researches, one of the key problems that hinder the implementation of the preventive potential compensation for the damage of crime is a problem in calculating the benchmark of reasonable and equitable compensation for the damage caused by crime. Besides this general problem, there are several other problems. It is a scientific and practically significant urgent problem which was studied by Western European countries in researching the assistance for victims, including the state compensation of damages.Downloads
Download data is not yet available.
Abstract views: 130 PDF Downloads: 167
How to Cite
[1]
Dzhuzha, A. 1. Restitution and compensation as a special form of victimological crime prevention experience Western Europe and USА. Scientific Herald of the National Academy of Internal Affairs. 102, 1 (1), 312-321.
Issue
Section
Іnternational experience
- Authors reserve the right to authorship of their own work and transfer to the magazine the right of the first publication of this work under the terms of the Creative Commons Attribution License, which allows other persons to freely distribute published work with mandatory reference to authors of the original work and the first publication of an article in this magazine.
- Authors have the right to enter into separate additional agreements on non-exclusive dissemination of the work in the form in which it was published in the journal (for example, to post an article in the institution's repository or to publish as part of a monograph), provided that the link to the first publication of the work in this journal is maintained.
- The journal's policy allows and encourages the posting of articles by authors on the Internet (for example, in electronic storehouses of institutions or on personal websites), both before the submission of this manuscript to the editorial office and during its editorial processing, as this contributes to the creation of a productive scientific discussion and positively affects the efficiency and dynamics of citing the published work.
