DISCUSSION ON THE MEDIATION INSTITUTION IN CRIMINAL LAW WHEN RESOLVING CASES PROSECUTED AT THE REQUESTS OF THE VICTIMS

Abstract

Mediation is one of the methods of resolving disputes, often applied in civil law to solve civil cases. However, according to the practice of resolving criminal cases at the request of the victim, in many cases the offender and the victim mediated voluntarily to resolve the case.

Therefore, the Criminal Code has provided for the opening regulation of mediation but the Criminal Procedure Code has not regulated specifically for the order, procedures, authority and content of mediation to provide a basis for resolving the case. The article analyzes the reasons for the Criminal Procedure Code to specify the mediation activities based on grounds, content, authority and legality.