This chapter delves into the emergence of restorative justice in the 1960s, rooted in the conflict resolution methods of indigenous communities in the United States and Canada. Contrasting sharply with traditional criminal justice, restorative justice places disputing parties at the forefront, enabling offenders to confess their guilt directly to victims through dialogue, aiming to repair harm and achieve satisfaction and social reintegration. This chapter illuminates restorative justice's concept, origins, characteristics, principles, and differences from conventional justice. It explores victim-offender mediation, highlighting its advantages, and examines restorative justice practices in Egypt, including the criminal reconciliation system and police mediation. This chapter raises key questions about these practices and their application in the Arab context, offering insights into a field yet to gain widespread recognition in the region. Employing an analytical descriptive approach, it relies on legal references to deepen understanding and development.
TopIntroduction
The genesis of restorative justice concepts in the 1960s, originating in the United States and Canada, can be traced back to conflict resolution methods employed by indigenous communities in these regions. Restorative justice starkly contrasts conventional criminal justice systems, notably in the pivotal role it assigns to disputing parties within judicial proceedings. In contrast to traditional criminal procedures dominated by the Public Prosecution and judiciary, restorative justice places conflicting parties at the forefront of the justice process. Here, the offender directly confesses guilt to the victim, engaging in a dialogue that addresses the harm caused by their actions. This approach aims to satisfy the victim and foster the offender's social reintegration.
Restorative justice perceives crime as an insult to individuals and their relationships, compelling wrongdoers to make amends for the harm they have inflicted. Furthermore, it advocates for the involvement of both the perpetrator and the victim, along with the community, in criminal justice procedures, providing alternatives to traditional punitive measures.
This chapter aims to shed light on the concept and origins of Restorative justice, examining the reasons for its emergence, its distinctive characteristics, principles, objectives, and programs. It will also delve into victim-offender mediation, a prominent form of criminal justice, highlighting its concept and the benefits it offers. Additionally, the study will investigate the practices of Restorative justice in Egypt, with a specific focus on the Criminal Reconciliation system and Police Mediation.
The study will address five key questions: 1) What are Restorative justice and Criminal Mediation? 2) How does Restorative justice differ from Traditional Justice? 3) Did ancient Egypt employ Restorative justice practices? 4) What are the current restorative justice practices in Egypt? 5) What is the proposed scenario for implementing criminal mediation in Egypt?
This chapter delves into the contemporary application of Restorative justice, a topic not widely embraced in Arab countries, with limited adoption even in those where it has gained some traction. While extensively practiced in various parts of the world, particularly within the European Union, its application in criminal cases in Arab regions is constrained by the prevailing legal framework that emphasizes the state's right to administer punishment. Consequently, the Public Prosecution hesitates to abandon or negotiate criminal cases with the litigants.
Moreover, Victim-offender Mediation reflects an approach rooted in negotiation within criminal cases, drawing inspiration from Anglo-American legal traditions. It introduces a novel concept to Arab legal systems, where the idea of mediation in criminal matters is still in its infancy.
This chapter employs an analytical descriptive approach to closely examine the phenomenon of Restorative justice. This method involves studying reality as it exists, describing it qualitatively or quantitatively, and drawing conclusions that contribute to a deeper understanding and development of this field. The chapter relies on available legal references from both general and specialized literature in the field of criminal law, whether from Arab or foreign sources related to the study's subject.
The chapter will be structured into five distinct sections for clarity and coherence. In the initial section, we will delve into the origins of Restorative justice, meticulously tracing its genesis and evolution over time. The second section will provide an insightful comparison between Restorative justice and traditional criminal systems, introducing the crucial concept of Victim-offender mediation. The third section will comprehensively navigate the integration of Victim-offender mediation within the context of Restorative justice in Egypt, examining its practices against legislative frameworks and historical evolution. The subsequent section will shed light on the intricate tapestry of criminal reconciliation and customary councils in Egypt, exploring the harmonious intersection of justice in this context. The final section will spotlight the role of police mediation, emphasizing its contribution to fostering cooperation between the community and law enforcement agencies.