The Xingshi Hejie: Criminal Conciliation in Mainland China and in Taiwan
from the paper by Riccardo Berti:
When we say Xingshi Hejie (刑事和解), which could be translated as “victim offender reconciliation” (VOR), we are talking about a conciliatory practice that was only recently implemented in China's criminal legal system although, despite its recent appearance, it has very ancient roots.
It is founded, basically, on a choice that the person accused of minor criminal offenses makes to enable a conciliatory procedure, with the consent of the judge and the prosecutor, in order to obtain a less severe punishment at the end of the judicial process. It is a procedure that allows the victim to receive and promotes the offender’s repentance, in fact very often the rules of Xingshi Hejie emphasize the formal apology from the offender to the victim and society, or his acts expressing repentance and contrition.
A voice for the future of juvenile justice in Asia Pacific.
from the report written by Alice McGrath and published by International Juvenile Justice Observatory:
...The report sheds light on crucial areas of juvenile justice and leading practices in this regard, including prevention, diversion, restorative justice, improving conditions of detention and promoting social reintegration. The United Nations Office on Drugs and Crime (UNODC) welcomes the efforts of APCJJ to promote the implementation and application of diversionary measures and restorative justice programmes for children in the Asia-Pacific region. This report serves as an excellent basis for future juvenile justice reform endeavors in the Asia-Pacific region. It will help to find innovative responses to protect children in conflict with the law from harm and strengthen juvenile justice systems in the region.
Arc of Justice
From the article by Sidrah Fatma Ahmed in the Morung Express:
The Central Jail, Dimapur has open lawns. Prisoners stroll in pairs of two and three, chatting. A group of inmates and a constable sit under a tree and chat casually. Jails in Nagaland were built due to the hegemony of the British Raj and then later the Indian state. They were mostly created on an emergency basis during the height of the Independence movement in 1970. Nagaland has one Central Jail, three District Jails and seven Sub- Jails.
Girl's death 24 years ago haunts quest for justice in reformist Myanmar
....The authorities haven't forgotten either. Political reform in Myanmar is fostering greater openness about past atrocities but little accountability, especially when the country's still-powerful military is involved. Today, Win Maw Oo's impoverished and long-suffering family remains under police surveillance.
Introduction to restorative justice in Malaysia
from the article on Voice of the Children:
In considering introducing restorative justice within the legal juvenile justice framework in Malaysia, we have to weigh its benefits and effectiveness in comparison to the existing system.
The existing juvenile justice system, i.e. the proceedings in the Court For Children, does not provide opportunity for the full participation of the child offender and their family. It is too complicated to comprehend and very formal in nature .
Spotlight on restorative justice
....Singapore courts practice a limited form of such restorative justice. For example, the Community Court here is given sentencing flexibility and can issue the Community Service Order (modelled after the Corrective Work Order for litterbugs). It may also call for a pre-trial conference of family of the accused - and sometimes of the victim - to explore compensation and get an undertaking to attend therapy and so on. But all this is for minor crimes, and still offender-focused, not designed with victims in mind.
Former Norwich police chief to lead Bangladeshi delegation in lessons on restorative justice
A former Norwich police chief will show a high-powered delegation from Bangladesh how restorative justice can be used to help cut crime without people having to be locked up.
....He said: “I’m part of a programme looking to reduce the overcrowded prisons in Bangladesh. One of their biggest problems is the inefficiency of their criminal justice system. It can take up to eight years for something to come to trial and the likelihood is defendants will spend most of their time remanded in custody. It will be their second visit to Norfolk to look at restorative justice and its something they’re really keen on.”
House passes revamped Juvenile Court Law
....Azis Syamsuddin, deputy chairman of House Commission III on legal affairs, said legislators were very thorough and careful in their deliberations on the legislation because the principle of restorative justice that it prioritized over punitive justice was unprecedented in Indonesia’s legal system.
In addition to promoting restorative justice, in which the needs of the perpetrator, victim and the victim’s family must be considered in reaching a solution that is aimed at healing rather than punishing, the new law also raises the minimum age at which juvenile offenders may be incarcerated to 14 years old.
The previous law set the limit at 12 years old.
Not adding up: Criminal reconciliation in Chinese juvenile justice
Recent amendments to China’s Criminal Procedure Law involve special procedures for handling cases involving juvenile defendants and resolving cases through criminal reconciliation. Although the law does not explicitly link the two, criminal reconciliation has been a key feature in the development of China’s juvenile justice system under the principle of “education first, punishment second.”
Dui Hua welcomes criminal reconciliation as a means to restorative justice and reduced juvenile incarceration, but research suggests that the relatively new measure is experiencing some growing pains in China. Jiang Jue (姜珏), a PhD candidate in the School of Law at the Chinese University of Hong Kong, has done extensive research on criminal reconciliation in China and has seen how the process works in many juvenile cases. Her research indicates that current implementation of criminal reconciliation falls short of juvenile justice principles by alienating youth and stifling attempts at education.
Bougainville wants restorative justice approach to settling violence in south
The autonomous Papua New Guinea province of Bougainville hopes to resolve a long standing impasse in the south of the main island by taking the traditional Melanesian approach of reconciliation.
Despite six years of autonomy, few government services are available around the district of Konnou because the security of workers can’t be guaranteed.