Penal Mediation from the Perspective of Criminal Law (Study of the Settlement of Criminal Cases by Mediation)

Abstract

Mediation is a method to solve cases by involving third parties, commonly used in civil law. The usage of mediation in criminal law, aims to make the perpetrators aware that their criminal act is wrong and to percieved that the victims need to be reinstated. Therefore it is important to understand what the background of the usage of mediation in criminal crime cases and how the prospect of mediation in the future is. The purpose of this paper is to know how penal mediation is seen from the perspective of criminal law, while the benefit is to contribute thoughts in terms of criminal law. The method used to solve the problem is juridical normative method and empirical method. Based on the results of the study, it is known that penal mediation which is basically undisclosed in the field of criminal law—practically has been used, thus the prospect of mediation will be widely used in the future. In several laws, the provisions of mediation are also registered. Penal mediation from the perspective of criminal law can be used as one of the means of settlement of criminal cases.