INTRODUCTION
The Recommendation CM/ Rec(2018)8 of the Committee of Ministers to member States concerning restorative justice in criminal matters defines it as: " any process which enables those harmed by crime, and those responsible for that harm, if they freely consent, to participate actively in the resolution of matters arising from the offence, through the help of a trained and impartial third party." (Principle 3).
Member States should implement measures to protect victims from secondary and repeat victimisation, intimidation and retaliation, particularly when providing restorative justice services. (Article 12, Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012).
Through the process of restorative justice, it is possible to repair the harm caused by crime through meaningful dialogue that includes victims, offenders, and the community. Offender accountability involves acknowledging their actions while taking steps to repair the harm caused, allowing those affected by the event to participate in the healing process and find a way forward.
The Netherlands (Article 51 h Criminal Procedural Code), Finland (Mediation Act 2006), Norway (Municipal Mediation Service Act 1991), Belgium (Youth Justice Act 2006), England and Wales (Powers of Criminal Courts (Sentencing) Act 2000), Spain ( The Organic Law 1/2025), Hungary (Act XC of 2017), Ireland (Mediation Act 2017), Italy (Legislative Decree No. 150/2022) and Portugal (Law No. 21/2007) have well-established restorative justice systems.