This paper analyses the theoretical, legislative and practical advantages and limitations of mediation as an alternative way of resolving the conflict between perpetrator and victim of domestic violence in Serbia. Starting from the premise that mediation in lighter cases of domestic violence is more preferred form of social reaction from the initiation of criminal proceedings; the authors analyse the legislation of the Republic of Serbia and point out that the mutual incompatibility of laws disables use of mediation in practice.
Based on acceptability of the concept of restorative justice, this scientific work analyses the advantages and limitations of mediation as an alternative way of resolving the conflict of the offender and the victim in cases of domestic violence. Authors use the comparative method, legal dogmatic method, case study method (examples for court practice in Serbia) and statistical data to examine the hypothesis that mediation may constitute a constructive way of resolving less violent conflicts within the family members and why is not enough applied in practice.
Modern criminal political orientation of the “zero” tolerance of domestic violence, which was adopted in law in practice in Serbia is “blocking” use of mediation, which, in public opinion, is seen as an inadequate response to this crime. Results of the analysis show that the Serbian legislature opted for a punitive response and measures of restraining as most important mechanisms for the prevention of domestic violence.
Research Limitations / Implications:
These data provide insight into the marginal segment of the formal response to domestic violence in Serbia.
Few studies in Serbia comparing foreign experience and domestic social possibilities for the success of mediation in cases of domestic violence.Ključne besede: alternative criminal sanction, mediation, domestic violence, SerbiaObjavljeno: 17.04.2020; Ogledov: 251; Prenosov: 9 Celotno besedilo (381,39 KB)Gradivo ima več datotek! Več...
Opis: In this article we pay attention to the violence which, due to the fear of social stigma, could be hidden from the public eye for a long time but could have serious health consequences for the individual, family, and society-physical and psychological forms of domestic violence and abuse in male-female intimate relationship. Besides its nature and extent data in general population, we review also the surveys data about its theoretical basis, its risk factors and possible effects on mental and physical health, not only on in conflicts involved partners, but also on family as a whole, and especially on the children that growing up in such a problematic domestic circumstances.Ključne besede: domestic violence, perpetrator, victim, gender differencesObjavljeno: 08.08.2017; Ogledov: 1036; Prenosov: 237 Celotno besedilo (674,83 KB)Gradivo ima več datotek! Več...