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On the insufficiencies of the current legislative regime regarding physician-patient mediation in the professional liability of physicians. A critical analysis of the Polish solution
Dominika Bek, Jakub Hanc, 2023, izvirni znanstveni članek

Opis: The article presents a critical opinion on physician-patient mediation conducted in the context of proceedings on the professional liability of physicians. The starting point is the Act on Medical Chambers, which provides for the possibility of conducting a mediation between the accused physician and the aggrieved patient. This regulation is unique in the region. Its specific measures, such as, for example, the choice of a mediator among physicians, have undergone a critical assessment in the literature. As a rule, the need for the functioning of mediation in the context of professional liability is not called into question. However, a thorough analysis of the assumptions of mediation and restorative justice and the function of professional liability of physicians suggests going a step further. Although the physician-patient conflict certainly requires conciliatory solutions, it seems that the disciplinary regime does not provide an adequate foundation for agreement because it is unable to secure the aggrieved person’s interests.
Ključne besede: mediation, professional liability, medical chamber, physician, restorative justice
Objavljeno v DKUM: 28.08.2025; Ogledov: 0; Prenosov: 1
Celotno besedilo (563,35 KB)
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Crime prevention in Germany: Relevance of community crime prevention and victim-offender mediation : bachelor thesis
Robi Pozderec, 2018, diplomsko delo

Opis: Crime is an ancient problem, which has always been and will be a trouble for every society. Punishment has been seen as a natural reaction for crime or delinquent behaviour; if it didn’t help to reach the desired outcome, even harsher punishment was inflicted upon the offenders. Even though punishment became harsher throughout the time, it didn’t deter offenders from committing a crime. Over the centuries, crime prevention strategies were based on deterrence theory; this theory relied on perceiving the threat of punishment which is so severe, that it would outweigh any potential profit from committing a crime. In the 21st century, deterrence theory is still the dominant approach to prevent crime. Nevertheless, it was shown that imprisonment is poor strategy for crime prevention. Not only it does not deter offenders from committing a crime, but in some cases, after release from prison, they tend to reoffend because they have a problem with reintegration into society. In addition to not being effective as a strategy for drop in crime rates, incarceration is also very costly sanction. In the past decades, these reasons have led criminologists to put in the foreground alternative ways to imprisonment, which would result in effective crime prevention. Two of such are victim-offender mediation as a method of restorative justice and community crime prevention, where the community is the object of interest which relies on participation of the citizens and tries to recognize potential of crime in the community early on.
Ključne besede: crime prevention, restorative justice, mediation, community, Germany
Objavljeno v DKUM: 25.10.2018; Ogledov: 1614; Prenosov: 73
Celotno besedilo (648,36 KB)

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