When a crime is committed, not only the victims and the offenders are affected, their relatives or the members of the community which they are in may be affected too. However, as the current criminal procedures are based on the protection of the human rights of the defendant, every procedure is executed in consideration mainly of the defendant. According to the applicable laws, the victims are not considered a party in the criminal procedure, not to mention that the other persons who may be affected by the crime are not given any opportunity to express their opinions or feeling in the procedure. In order to offer the victims and offenders of the crime, and even the members of their communities, an opportunity to express their opinions fully, the stakeholders subject to the crime will all be gathered to increase their understanding, through dialogues between them, of the context of the crime and the influences upon them to seek a best way of recovering from the damages of the criminal case for the victims, also to assist the offenders in being true to admit their fault and to remorse so as to prevent possible re-commitments. In such ideal and in the international trend, the Ministry of Justice proposed a pilot program for restorative justice to be executed at Taiwan’s eight prosecutor’s offices.
This study, apart from explicating the concept of restorative justice, also analyzes the current criminal procedures that embrace such concept. Explorations are made on the topics of deferred prosecution , non-prosecutorial disposition , criminal summary procedure, plea bargaining, the system of fine in lieu of imprisonment, community service, and criminal conciliation . Analysis is also made on the pilot program for restorative justice in Taiwan, Finally, recommendations are made, based on the research findings, to offer reference in the construction of Taiwan model of restorative justice.