NCJ Number
59770
Journal
International Annals of Criminology Volume: 17 Issue: 1 & 2 Dated: (1978) Pages: 147-166
Date Published
1978
Length
20 pages
Annotation
THE HISTORY OF RESTITUTION PROGRAMS IN YUGOSLAVIA AND SLOVENIA IS PRESENTED, WITH RESULTS OF RESEARCH INDICATING THE NEED FOR CHANGES IN THE CRIMINAL PROCEDURE CODE.
Abstract
DATA COLLECTED FROM COURT FILES FOR BINDING JUDGMENTS IN CASES OF PERSONAL INJURY AND PROPERTY DAMAGE IN YUGOSLAVIA INDICATE THAT RESTITUTION BEFORE TRIAL OCCURRED IN 66 PERCENT OF THE THEFT CASES, BUT IN ONLY 2.5 PERCENT OF THE GRIEVOUS BODILY HARM CASES. ACCORDING TO YUGOSLAV LAW THE COURTS MAY REMIT THE PUNISHMENT OF THE PERPETRATOR OF A THEFT, IF THE STOLEN GOODS ARE RESTORED, BUT THIS PROVISION IS RARELY APPLIED. VICTIMS OF CRIME RECEIVE BETTER TREATMENT FROM THE CRIMINAL JUSTICE SYSTEM IF THEY SEEK INDEMNIFICATION, RATHER THAN RESTITUTION OR RECONCILIATION. COURTS RAPIDLY RESOLVE CLAIMS FOR INDEMNIFICATION, WHEREAS MANY CIVIL ACTIONS ARE DELAYED. ALTHOUGH PUBLIC FUNDS ARE USEFUL FOR COMPENSATING CRIME VICTIMS, THE ESTABLISHMENT OF AN EXTENSIVE FUND MAY BE UNNECESSARY. RATHER, THE EXISTING YUGOSLAV INSURANCE PROGRAMS COULD BE EXPANDED TO INCLUDE COMPENSATION FOR CRIME LOSSES, AND THE STATE FUNDS COULD MERELY SUPPLEMENT THE INSURANCE PROGRAMS. THE STATE COULD ALSO FURNISH FREE LEGAL ADVICE TO CITIZENS WHO CANNOT AFFORD COUNSEL, BUT WHO WISH TO ASSERT THEIR RIGHT TO USE THE COURTS THROUGH PRIVATE PROSECUTION OF CRIMINALS. THE YUGOSLAV LEGAL SYSTEM IS SIMILAR TO THAT OF MANY EUROPEAN NATIONS IN PERMITTING THE SO-CALLED ADHESIVE PROCEDURE WHICH PROVIDES VICTIMS WITH CIVIL DAMAGES AWARDED IN CRIMINAL PROCEEDINGS. SUSPENDED SENTENCES MAY BE GIVEN BY THE COURTS TO OFFENDERS THAT WILL RESTITUTE THE DAMAGE TO THE VICTIM. TABULAR DATA AND REFERENCES ARE PROVIDED. (TWK)