The Evolution of the Concept of Criminal Justice from Punishment-Centeredness to Dejudicialization: A Study on the Functions of Restorative Justice

Abstract

Throughout its historical development, criminal justice has evolved from a punishment-centered system toward more humane and reconstructive approaches. The purpose of this study is to explain the role and functions of restorative justice in this transformation and to examine its capacity in advancing dejudicialization policies within the contemporary criminal justice system. Within the theoretical framework, restorative justice is introduced as an alternative model to the classical punitive system, seeking to shift the focus from punishing the offender toward restoring social relations, compensating the victim’s losses, and promoting community participation in conflict resolution. The research method is descriptive–analytical, based on documentary analysis and conceptual interpretation of historical and criminological texts. Data were collected from both domestic and comparative criminal law sources and interpreted through a theoretical inference method. The findings indicate that restorative justice, through mechanisms such as mediation, arbitration, and voluntary compensation, can not only reduce judicial interventions but also perform diverse legal and social functions in rebuilding public trust and alleviating the burden on the criminal justice system. Accordingly, restorative justice should not merely be viewed as a substitute for punishment but as an evolutionary stage in the transformation of the concept of criminal justice toward dejudicialization.