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Abstract

Purpose:

This paper aims to provide a brief overview of the current Czech legislation regarding hate crimes and can be used as a basis to present new possibilities and changes that restorative justice offers in this area; outlines possible benefits that can be seen not only regarding Czech law but also point out the ability of restorative justice to deal with politically and socially complex criminality in general.

Approach:

The paper is divided into 4 sections. The first two define the current state of affairs in the Czech Republic. The other half focuses on how Restorative justice can amend the difficulties of the current system on a theoretical and empirical level.

Findings:

Restorative justice is uniquely positioned to address the problems of the resolution of hate crimes. Its emphasis on individuals within criminal proceedings opens more options on how to deal with consequences but also causes of hate. The common critique that can be summarized as a lack of legitimacy for such changes does not correspond with the views of the general public.

Research limitations:

Because of the focus on empirical research as well as cultural and legal differences across the globe, the paper discusses solely the situation in the Czech Republic.

Practical implications:

With enough public support and procedural safeguards, Restorative justice is better equipped to address hate crimes.

Originality/value:

The paper as the first opens the question of using a restorative approach towards hate crimes in the context of Czech criminal law.

Article classification: Research paper

 

Keywords: Restorative Justice, Hate Crimes, Czech Republic, Public Opinion, Criminal Law

Hate Crimes from the Perspective of Restorative Justice

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