The reparation agreement in the early termination and violation of the fundamental rights of the victim

Abstract

One of the special procedures regulated in the 2004 Criminal Procedure Code, such as early dismissal. In this institution a series of shortcomings occur, such as the non-inclusion of the injured party in the reparation agreement. The objective was to determine how the reparation agreement only between the prosecutor and the accused in the early termination relates to the fundamental rights of the injured party.

In the methodological field, the quantitative approach was used, the technique used was the survey and the instrument was the questionnaire. The results showed that a statistically significant and directly proportional linear relationship was found between the reparatory agreement and fundamental rights (rS = 8.56, p < 0.05). The conclusion was reached: The restricted participation of the victim, disadvantaged position, inequality of powers in the negotiation of the reparation agreement only between the prosecutor and the accused in the early termination, violates fundamental rights of the injured party, such as the right to repair. of damage, right to equality in the process, Principle of equality of arms.