Manifestations Of Dispositiveness In The Criminal Procedure Policy In Germany: Some Aspects

  • Yu.I. Mykytyn
Keywords: criminal procedure policy, mediation, reconciliation, dispositiveness

Abstract

This article analyzes some aspects of dispositiveness in the criminal procedure policy in Germany. The basic aspects of mediation as a manifestation of dispositiveness in the criminal procedure policy of Germany are investigated.

It is considered that: 1) the manifestations of dispositiveness in the criminal procedure policy of Germany are reflected through the mediation procedure, which is based on the institution of reconciliation; 2) mediation is part of the criminal process and can be applied at the stages of criminal investigation and trial; 3) the prosecutor’s office and the court have a decisive role in the implementation of the remedial measures; 4) mediation procedures are conducted by specially trained mediators, who can work under the auspices of non-governmental organizations (mainly public) and the municipality; 5) recovery programs are applied in the commission of small and medium-sized crimes; 6) the use of mediation has significant positive results and it is becoming more widespread.

 

Published
2019-04-03