1. Introduction
Restorative justice is an alternative approach to criminal proceedings that emphasises repairing the harm caused by an offence, the active participation of the victim and the accountability of the offender towards the community. Internationally, the approach has established itself as a recognised complement to the traditional retributive system. [1]
The Slovak Republic currently has only limited legislative instruments of restorative justice at its disposal. Act No. 550/2003 Coll. on probation and mediation officers did create an institutional framework for mediation in criminal matters, but its practical uptake remains below expectations. [2]
The aim of this study is to provide a comprehensive analysis of the current situation and to propose concrete legislative recommendations for strengthening restorative elements in Slovak criminal law.
2. Theoretical background
2.1 Definition and principles of restorative justice
Restorative justice is an approach to justice that focuses on the needs of victims and offenders, as well as on the community involved, rather than on satisfying abstract legal principles or punishing the offender. Victims take an active role in the process, while offenders are encouraged to take responsibility for their actions.
„Restorative justice is not about forgiveness or reconciliation. It is a set of values and practices that seek to respond to the harm caused by crime in a holistic and inclusive way.“
2.2 The international legal framework
At European Union level, restorative justice is supported by Directive 2012/29/EU establishing minimum standards on the rights, support and protection of victims of crime. The directive establishes the right of a victim to access restorative justice services provided that certain conditions are met.
3. Comparative analysis
For the purposes of this study, the legislation on restorative justice in four countries was analysed:
| Country | Legal basis | Main instrument | Level of use |
|---|---|---|---|
| Czech Republic | Mediation Act | Mediation | Medium |
| Austria | § 29 JGG / § 204 StPO | Tatausgleich | High |
| Poland | Code of Criminal Procedure | Mediation | Low |
| Slovakia | Act No. 550/2003 | Mediation | Very low |
4. The situation in Slovakia
An analysis of statistical data for the period 2018-2025 shows that mediation in criminal matters was used in Slovakia in an average of only 2.3 % of the cases in which it was legally admissible. This lags well behind the other countries analysed.
| Chart 1: Number of mediations in criminal matters (2018-2025) | |
|---|---|
| 2018 | 312 |
| 2019 | 298 |
| 2020 | 254 |
| 2021 | 341 |
| 2022 | 389 |
| 2023 | 402 |
| 2024 | 455 |
| 2025 | 512 |
5. Recommendations
On the basis of the analysis carried out, we formulate the following legislative recommendations for strengthening restorative justice in Slovak criminal law:
The first recommendation concerns introducing an explicit reference to restorative justice into the Criminal Code, which would create a clear legislative basis for its application. The second recommendation is to widen the use of the conditional discontinuation of prosecution in combination with mediation. The third recommendation focuses on systematic training of judges and prosecutors in restorative approaches.
6. Conclusion
Restorative justice is a promising complement to the traditional criminal justice system that can contribute significantly to improving the position of victims, reducing reoffending and humanising criminal proceedings as a whole. The Slovak Republic has considerable room for development in this area, and the experience of the countries analysed offers valuable inspiration for legislative reform.
Notes
- Zehr, H. (2002). The Little Book of Restorative Justice. Good Books. p. 21.
- Report on the activity of probation and mediation officers for 2024. Ministry of Justice of the Slovak Republic.
Bibliography
- Braithwaite, J. (2002). Restorative Justice and Responsive Regulation. Oxford University Press.
- Christie, N. (1977). Conflicts as Property. The British Journal of Criminology, 17(1), 1-15.
- Dünkel, F., Grzywa-Holten, J., Horsfield, P. (eds.) (2015). Restorative Justice and Mediation in Penal Matters in Europe. Forum Verlag Godesberg.
- Marshall, T.F. (1999). Restorative Justice: An Overview. Home Office Research Development and Statistics Directorate.
- Strang, H. (2002). Repair or Revenge: Victims and Restorative Justice. Oxford: Clarendon Press.
- Act No. 550/2003 Coll. on probation and mediation officers and on amendments to certain acts.
- Zehr, H. (2002). The Little Book of Restorative Justice. Intercourse, PA: Good Books.