Erosion of the public nature of criminal law (procedure): a positive evolution?

Lately, the legal doctrine is beginning to question the pure public or "governmental" approach to penal law, in which the offender is held accountable by society, the state or one of their many representatives. The reason for this approach is as follows: the laws or rules, which the offender has infringed, are instated and upheld by society. On the other hand, falling victim to a crime is an entirely private matter: the victim often experiences feelings of fear, loss, incertitude, etc. These emotions pertain strictly to the "private" or "individual" sphere. Nowadays, this private aspect does indeed influence the penal procedure in many ways. For example, penal (procedural) law often attempts to involve the victim in the proceedings. Is this a good idea?

Keywords:CRIMINAL LAW

Disciplines:Law