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Restitution and Compensation Presentation to the Tokiwa University Exchange Student Program 2011/2012 Prof. Dr. G.F. Kirchhoff, Tokiwa International 1 Victimology Institute 4/11/2012 Theorem of Divided Territory Criminal Procedure State Rights of the State (Prosecutor) border line Human Rights of Defendant (Procedural Rights) Offender Prof. Dr. G.F. Kirchhoff, Tokiwa International 2 2 4/11/2012 Victimology Institute 4/11/20122 Theoretical Fundament for the Position of the Victim in Criminal Justice System Justicia repressiva (traditional) Criminal law maintains social order by repression Center is on balance: The balance has to be between state and offender - not offender and victims Right to be treated in respect for the dignity of the victim is consequence of Human Rights (Italy 1922) . Special care - obligation of judge and prosecutor to protect the victim against “secondary victimization in the criminal justice system” Primary victimization Secondary victimization - avoid secondary victimization as far as possible!!!! you cannot go far enough with this demand! Advantage of this approach: EXPLAIN The concept of “Conflicts as Property” Conflicts are properties They are owned and exploited by the owners of the system The “owners” administer the conflicts in their own interest If you are looking for reforms – take this into account!!! (How?) Prof. Dr. G.F. Kirchhoff, Tokiwa International 3 Victimology Institute 4/11/2012 Reparation After criminal Proceeding the victim has “nothing”! Why? Crimes are seen as offences against public order (state) Victimizations are invasions into the self of the victims, causing damage in three dimensions. This damage remains - in spite of punishment. To counteract, two institutions have been developed Restitution the offender somehow repairs the damage Compensation The state pays instead of the offender Both institutions have been developed by Italian reformers and have been introduced into the Spanish influenced legal culture Result is a complicated “Derecho Victimal” (Manzanera) Civil Law Public Law Help for the victims Procedural Criminal Law Criminal Law Prof. Dr. G.F. Kirchhoff, Tokiwa International 4 Victimology Institute 4/11/2012 Is punishment in the interest of the victim? - Differentiate: in our usual societal reaction to crime, we offer nothing to victims (except revenge and a twisted kind of satisfaction) The consequences of punishment serve at best the interest of social control. Self understood is that the state punishes in its own interest. Fines are an important contribution to the state budget. so important that in traditional systems fines are collected before the state advises the victim to seek civil law reparation against the sentenced offender. prison terms can be put on probation. why not fines? Recently, some modern countries made it possible that fines are put on probation. These are some problems in traditional justice systems. Prof. Dr. G.F. Kirchhoff, Tokiwa International 5 Victimology Institute 4/11/2012 Restitution 3 Consequence of “Fines on Probation”: Condition of probation would be: “Repair the damage of the victim”. The state collects the fine only when the offender did not repair the damage of the victim. The state would monitor the conditions of probation as usual. If the offender repairs the damage of the victim, then the fine must not be paid. Prof. Dr. G.F. Kirchhoff, Tokiwa International 6 Victimology Institute 4/11/2012 Restitution 4 as criminal sanction: “Restitution” - an additional criminal sanction (restitution). But that is for many people not acceptable. They are caught in the law’s own logic: The offender must repair the damage in any case - as a civil law consequence - what then is the criminal law punishment? He will essentially “get away with his crime” - there will be no criminal sanction. Often in a cynical way unrealistic “ a joke” Prof. Dr. G.F. Kirchhoff, Tokiwa International 7 Victimology Institute 4/11/2012 Restitution 5 In the criminal justice system: Restitution Sentence: the offender is sentenced to repair the damage Restitution means, the offender (in the criminal law system) has to pay a certain sum to the victim. This sum must be fixed criminal law demands fixed punishments. many countries have “ indeterminate sentences” They are against the principles of criminal law. Prof. Dr. G.F. Kirchhoff, Tokiwa International 8 Victimology Institute 4/11/2012 Restitution 6 Why are restitution orders so rarely used? Restitution is believed to be civil law. “Restitution in criminal law” is a wrong solution of the legislator. Civil law is not the field of the criminal law judge. Why should I do his job? Restitution orders would have to be enforced by the criminal court/prosecutor - Why should “we” give the victim the benefit of enforcing victim’s reparation right “for the victim” - while all other victims have to seek civil law sentences and enforce the sentence on their own? Take seriously the caretaking task of judge and prosecutor (to protect the victim) Prof. Dr. G.F. Kirchhoff, Tokiwa International 9 Victimology Institute 4/11/2012 Restitution 7 Civil Law Claim in Criminal Procedure Adhesion Procedure Some legal systems allow the criminal law judge to decide at the end of the proceeding about uncontested civil law claims (reparation of damage according to civil law norms) in the criminal proceedings The reason is to save time and costs for the victim to get a title (for compulsory execution) - here is an easy way to provide such a title. Prof. Dr. G.F. Kirchhoff, Tokiwa International 10 Victimology Institute 4/11/2012 Although the restitution order is made by a criminal court as part of an offender’s sentence, it is similar to a civil order in some aspects. If the offender does not pay the amount ordered, the victim can file the order in the civil court and use civil enforcement methods to collect the money. This is the rule in Canada, Germany, France. Often this is NOT successful. Understandably, under these conditions legislators and practitioners are reluctant to use restitution as a criminal sanction. Prof. Dr. G.F. Kirchhoff, Tokiwa International 11 Victimology Institute 4/11/2012 Restitution 8 especially: Partie civile France: not only at the end of a criminal proceedings but at any time, the civil claim can be brought into the criminal proceeding. There are however limits: unnecessary delays in closing the criminal case civil claim only when offender is sentenced and judge finds it adequate to give restitution order in addition to punishment. The ability of the offender to pay a restitution order will be taken into consideration. Prof. Dr. G.F. Kirchhoff, Tokiwa International 12 Victimology Institute 4/11/2012 Restitution 9 Restitution Orders In total, the attempts to vitalize restitution orders, have been met with resistance on the side of the judges why should I do the job of my civil law colleague? on the side of the prosecutor don’t we have a civil court? Why should I now get involved? on the side of lawyers when fees are not adequately regulated. Prof. Dr. G.F. Kirchhoff, Tokiwa International 13 Victimology Institute 4/11/2012 Restitution 9 Restitution as independent criminal sanction The current unsatisfactory status of restitution orders are connected with their civil law character Therefore victimologists demand the introduction of a restitution sentence in criminal law as an independent sanction Enforced like a criminal sanction. Prof. Dr. G.F. Kirchhoff, Tokiwa International 14 Victimology Institute 4/11/2012 http://books.google.com/books?id=XovETqietDIC&pg=PA65&lpg=PA65&dq=Lois+Forer+Philadelphi a&source=bl&ots=ukp5ZBaufD&sig=uKINNfp_g0o4wJlu- MMfeCoxRDA&hl=en&ei=yv30SsfYI5iI6wOgweUQ&sa=X&oi=book_result&ct=result&resnum=5&ved =0CBEQ6AEwBA#v=onepage&q=Lois%20Forer%20Philadelphia&f=false “Restitution can be used as a sanction for serious offenders and for violent offenders. Extensive use of restitution for serious offenders by Judge Lois Forer in the Philadelphia Court of Common Pleas shows that such offenders can satisfy restitution orders while achieving recidivism rates at least as good as those comparable offenders who went to prison. (Weitekamp, E. (1995) : Restitution in Philadelphia. In: Tonry, M. and Hamilton, K. (eds.) Intermediate Sanctions in Overcrowded Times. Northeastern University Press 1995, p.65 - 68 Prof. Dr. G.F. Kirchhoff, Tokiwa International 15 Victimology Institute 4/11/2012 Prof. Dr. G.F. Kirchhoff, Tokiwa International 16 Victimology Institute 4/11/2012 Terminology in Victimology Compensation Restitution Who pays it? Who pays it? The State The Offender Prof. Dr. G.F. Kirchhoff, Tokiwa International 17 Victimology Institute 4/11/2012 Both systems are based on a law Texas Germany 1979, Crime Victims’ 1976 Opferentschaedi- Compensation Act, gungs - Gesetz Compensation to Victims of Crime Fund and the Federal and State Budget Crime Victims’ allocates money to Compensation (CVC) compensate some victims Program. of crime, Prof. Dr. G.F. Kirchhoff, Tokiwa International 18 Victimology Institute 4/11/2012 Victim Compensation 2 Aim of Victim Compensation Texas: To compensate the innocent victim for certain cash expenses (see below) Germany: To prevent that the victim declines under a certain social level due to consequences of violent crime Prof. Dr. G.F. Kirchhoff, Tokiwa International 19 Victimology Institute 4/11/2012 Victim Compensation 3 What is paid? State pays for certain cash expenses victims regularly have TEXAS State pays for medical treatment for rehabilitation If medical rehabilitation is (partly) impossible, monthly rents for the living support of the (needy) victim Germany Prof. Dr. G.F. Kirchhoff, Tokiwa International 20 Victimology Institute 4/11/2012 Victim Compensation 4 How to finance compensation 4 slides Taxes State pays from the general tax budget Extra Income Gains of casinos and other gambling yields Poland (Germany partly in other areas of social programs) Advantage o Savings for tax Disadvantage o Limited funds o Morally questionable income? o Not predictable Gains from extra - stamps Prof. Dr. G.F. Kirchhoff, Tokiwa International 21 Victimology Institute 4/11/2012 Victim Compensation 5 How to finance compensation Surplus fines Canada, USA Increase of 10% on all fines Advantage o Relief for Finance Minister o Causation Principle Disadvantage o Limited funds o Punishment according to guilt o Not according to social tasks of the state Prof. Dr. G.F. Kirchhoff, Tokiwa International 22 Victimology Institute 4/11/2012 Victim Compensation 6 How to finance compensation Confiscation of criminal gains Especially: Notoriety-for-profit Profits of the sale of the publication rights of the story concerning the offence Restitution surrogate means CVC pays to the victim Later the offender is caught and sentenced Judge can order that the offender has to repair the damage caused to the CVC Prof. Dr. G.F. Kirchhoff, Tokiwa International 23 Victimology Institute 4/11/2012 Victim Compensation 7 How to finance compensation Subrogation CVC pays to the victim Later the victim takes the offender to civil court and is successful in getting a restitution sentence Then the victim must repay to the CVC what this agency has paid to the victim Criminal offence, if victim does not indicate this to the CVC (Texas) Prof. Dr. G.F. Kirchhoff, Tokiwa International 24 Victimology Institute 4/11/2012 German Compensation Laws in a Nutshell 1976 Victim Compensation Law Who can claim? Victim Dependent survivors Children Widows Parents when entitled to be supported by victim (to – be - brides and their offspring from the victim) Prof. Dr. G.F. Kirchhoff, Tokiwa International 25 Victimology Institute 4/11/2012 Texas The primary purpose of the Fund is encouraging greater victim participation in the apprehension and prosecution of criminals and reimbursing innocent victims for certain out- of-pocket expenses incurred as a result of violent crime. Prof. Dr. G.F. Kirchhoff, Tokiwa International 26 Victimology Institute 4/11/2012 Texas: who is eligible? Crimes involving "criminally injurious conduct,“ sex offenses, kidnapping, aggravated robbery, assaultive offenses, arson, homicide and other violent crimes in which the victim suffers physical or emotional harm or death. The following motor-vehicle-related crimes are also covered: Failure to Stop and Render Aid, DWI, Manslaughter, Criminally Negligent Homicide, Aggravated Assault, Intoxication Manslaughter and Intoxication Assault. Prof. Dr. G.F. Kirchhoff, Tokiwa International 27 Victimology Institute 4/11/2012 Germany: who is eligible Victims of intentional violent crimes Not: Traffic offences Except: car is used as a weapon Prof. Dr. G.F. Kirchhoff, Tokiwa International 28 Victimology Institute 4/11/2012 Victim Compensation 8 What is covered? Germany General clause Medical treatment Full rehabilitation efforts Extensive and excellent system If damage severe enough: Loss of Capability to be Gainfully Employed (LCGE) Monthly installments Including medical treatment No time limit Prof. Dr. G.F. Kirchhoff, Tokiwa International 29 Victimology Institute 4/11/2012 Victim compensation: Texas: What is covered? medical, hospital, physical therapy or nursing care psychiatric care or counseling loss of wages due to medical treatment or participation in, or attendance at, the investigation, prosecutorial and judicial processes care of a child or a dependent loss of support funeral and burial expenses crime scene clean-up replacement costs for clothing, bedding, or property seized as evidence or rendered unusable as a result of the investigation attorney fees for assistance in filing the Crime Victims' Compensation application and in obtaining benefits (TCCP, Art 56.43) loss of wages and travel to seek medical treatment one-time relocation expenses for domestic violence victims or for those sexual assault victims attacked in their own residence Prof. Dr. G.F. Kirchhoff, Tokiwa International 30 Victimology Institute 4/11/2012 Victim Compensation 10 A typical decision ... Germany “You have suffered an injury from a violent crime against you which happened on the 12th of May 2004 and which is described like this: Loss of both under- arms from above the ellbow. The LCGE is 100%. The decision gives rights from 8th of August 2003 on. The Inability to be gainfully employed is given. You have the right to demand medical treatment. Reasons: ….. Prof. Dr. G.F. Kirchhoff, Tokiwa International 31 Victimology Institute 4/11/2012 Victim Compensation 11 Germany “You have suffered an injury from a violent crime against you that happened on the 12th of May 2004 and which is described like this: Healed fracture of nose without compensable consequences LCGE is set to 0% Medical treatment costs are compensated from date of application. In all other respects the claim is rejected. Reasons…... Prof. Dr. G.F. Kirchhoff, Tokiwa International 32 Victimology Institute 4/11/2012 Victim Compensation 9 What kind of decisions? Claim granted Claim partly granted: Damage by crime stated Medical treatment granted Rest rejected Claim rejected No crime No cooperation of victim Prof. Dr. G.F. Kirchhoff, Tokiwa International 33 Victimology Institute 4/11/2012 Victim Compensation 12 Results: Medical treatment compensation ….. Right of compensation for medical bills In Germany this right is unimportant: Health insurance system in Germany: 90% by virtue of a work contract 7% covered by private insurances 2% free medical care as members of police or of defense forces 1% Federal Social Welfare Coverage Most medical bills are paid In Texas this right is an essential part of social security for victims! This is an example how much you must take into account before you compare!!! Prof. Dr. G.F. Kirchhoff, Tokiwa International 34 Victimology Institute 4/11/2012 Victim Compensation 13 Physicians Powerful Role How much Loss of Capacity to be Gainfully employed is a decision of physicians Physicians have professionally difficulties with emotional damage In addition, system culture against emotional damage Consequence: Difficult to compensate for emotional damages Rape, Child abuse, Domestic violence Prof. Dr. G.F. Kirchhoff, Tokiwa International 35 Victimology Institute 4/11/2012 Victim Compensation 14 Result Interim Facit: In Germany, 3% of all applications result in monthly installments Very good provisions for the 3% Victims and Survivors often never discussed in international literature: Possibility of Deterioration Claims This is the reason for the decision: You have been a victim … Slow system for needy victims but here steps in the general social security system for all citizen Prof. Dr. G.F. Kirchhoff, Tokiwa International 36 Victimology Institute 4/11/2012 Victim Compensation 15 Requirement for a modern compensation system Since all social systems are vastly different, such a requirement cannot be stated generally. Victims need different provisions in different systems.... In industrialized modern nations, this seems to be the future: Priority for emotional damages New generation of compensation systems Priority for emotional damage: prevention of development of PTSD Abolishment of the traditional system with priority of financial compensation Priority for treatment of emotional damages Pay for counseling Compensation systems may become independent from crimes qualifications, basically for all accidents and crimes with emotional/physical severe damage. Prof. Dr. G.F. Kirchhoff, Tokiwa International 37 Victimology Institute 4/11/2012 Complaints The system is not known to victims (UN Declaration: Information) The application forms are too complicated (see attachment for the Texas form) Prof. Dr. G.F. Kirchhoff, Tokiwa International 38 Victimology Institute 4/11/2012 Mediation 1 Restitution orders cover financial damage. BUT: The damage of victims is threefold: emotional physical financial Main disadvantage is emotional damage not taken into account restitution orders are part of formal social control. informal social control is much more effective. (Explain) Therefore: reclaim the means of informal social control for the criminal law social control. A wise judge does this all the time, and a wise prosecutor as well - but that are informal side effects. Prof. Dr. G.F. Kirchhoff, Tokiwa International 39 Victimology Institute 4/11/2012 Mediation 2 Victim Offender Mediation There are attempts to try informal control mechanisms before the formal have to be used. This is a question of constitutional rank! explain What is needed? the criminal law must include a norm that permits judges and prosecutors to take the behavior of the offender after the crime into account when meeting out punishment. If offender behaves “positively”, then reduction of punishment or dismissal of the case. Positively can mean that offender tries to “repair” all damages the victim has suffered. Positive behavior can only be shown voluntarily - it cannot be forced upon the offender. That is granted. If the offender wants top have a crimkinal proceeding with sentencing at the end - ok. Prof. Dr. G.F. Kirchhoff, Tokiwa International 40 Victimology Institute 4/11/2012 Mediation 3 Most offenders would like to avoid a sentence . Most victims like to avoid a criminal proceeding if they get to know that the criminal law does nothing “for them”. Explain. In all systems, the prosecutor has a file that is the document for his decision: prosecute! Prof. Dr. G.F. Kirchhoff, Tokiwa International 41 Victimology Institute 4/11/2012 Mediation 4 How does the alternative work? NGO is licensed by prosecutor to handle cases alternatively. The mediation program (MedProg): 1. Prosecutor sends case to medprog with the request to try to mediate the conflict between offender and victim AND to report back to him. Medprog tries mediation. Feedback to prosecutor. (Prosecutor dismisses the case) Prof. Dr. G.F. Kirchhoff, Tokiwa International 42 Victimology Institute 4/11/2012 Mediation 5 MedProg has these steps: 1. Info to victim criminal case results only in punishment, not in a title for your damage. Maybe it is more important for you to get the damage restored? MedProg can try that if you agree to work with us. 2. Info to offender criminal case results in punishment. in addition you must repair the damage. We can open an alternative: you repair the damage and most probably you do not need to go to criminal court. Prof. Dr. G.F. Kirchhoff, Tokiwa International 43 Victimology Institute 4/11/2012 Mediation 6 3. Infos result in feedback: is feedback negative by one party - no alternative way, feedback to prosecutor. is feedback positive by both parties, then alternative is possible. 4. MedProg tries to find out what the victim wants to see happen often an apology by the offender and the reparation of damage Prof. Dr. G.F. Kirchhoff, Tokiwa International 44 Victimology Institute 4/11/2012 Mediation 7 5. MedProg finds out what offender is willing to do to repair the emotional and the financial damage. 6. If needed, a round table discussion can be managed But many other ways are possible Prof. Dr. G.F. Kirchhoff, Tokiwa International 45 Victimology Institute 4/11/2012 Mediation 8 Important Elements for all participants: voluntary participation, no pressure. neutrality of the mediator: The mediator is neither representative of victim nor representative of offender. Mediator is neutral, but that is unrealistic. Why? the nature of the beast NGO Prof. Dr. G.F. Kirchhoff, Tokiwa International 46 Victimology Institute 4/11/2012 Mediation 9 Advantages 1. for victim: Activity instead of passivity central,position for the victim, not „peice of evidence“ victim can determine what is to be discussed in the mediation process it can describe the emotional damage it can avioid a civil proceeding and gets the damage easier repaired. Prof. Dr. G.F. Kirchhoff, Tokiwa International 47 Victimology Institute 4/11/2012 Mediation 10 5. it is possible to get to know why offender did did the crime. 6. It becomes a more positive image of his role no cooperation in punishing the offender! 7. Victim gets answers to questions that never will be answered in criminal proceedings Prof. Dr. G.F. Kirchhoff, Tokiwa International 48 Victimology Institute 4/11/2012 Mediation 11 Advantage for Offender 1. no punishment possible! 2. o. can gain is=nsight in consequences of his behavior 3. o. has opportunity to explain his „reason“ for the offense 4. Offender is actively involved, is not passive 5. quick end of the consequences of his actions: all depends on his activity 6. experience of a positive role: Advantage for all of us Norm clarification in interaction process Increase of freedom by reduced use of force Reclaiming the means of informal social control reinforcement of the rule of law in society Prof. Dr. G.F. Kirchhoff, Tokiwa International 49 Victimology Institute 4/11/2012 Restorative Justice 1 is the headline for all endeavors that use means of formal social control to restore the wounds that are caused by crime often the criminal justice process is impossibly slow and can not handle consequences of mass crime, wars etc. e.g. mass victimizations in the concentration camps of Nazi regime in Germany - attempt to punish the main offenders - but that did nothing for the victims and did nothing for repairing the emotional, physical and financial damage to the survivors answer was the payment of large sums of money which were used to provide medical, psychological and social assistance to surviving victims and their families e.g. after the mass victimizations by the apartheid - regime in South Africa and the success of the transfer of power to the non-white government if South Africa, the leaders of the tribes in South Africa developed the so called “Truth and Reconciliation Commissions”. Prof. Dr. G.F. Kirchhoff, Tokiwa International 50 Victimology Institute 4/11/2012 Restorative Justice 2 The model was very successful in preventing a civil war and an explosion of the South African society. A simplified description is this: In a process of several years, the different political groups in South Africa discussed this alternative model: a forum is created for victims and the alleged offenders. Participation is voluntary. If offenders confess their role in the crimes and answer to the questions of victims honestly and satisfactorily, then the Truth and Reconciliation Committee pardons the offenders. In addition, the TRC documents and publishes the proceedings. Prof. Dr. G.F. Kirchhoff, Tokiwa International 51 Victimology Institute 4/11/2012 Paavani Reddy : Truth and Reconciliation Commissions. Instruments for Ending Impunity and Building Lasting Peace for the UN Chronicle : http://www.un.org/Pubs/chronicle/2004/issue4/0404p19.html Different circumstances in each of the regions where TRC were held. Common was widespread use of violence, including disappearances, murder, torture, rape illegal detentions the goal of the “old government” to hold down popular demands for democracy and human rights and for self-governance. Newly-established post conflict or interim governments had to address the past and its state abuse of power while building a stable future based on a democratic society. Prof. Dr. G.F. Kirchhoff, Tokiwa International 52 Victimology Institute 4/11/2012 Restorative Justice 4 That was difficult - the offenders perpetrators and their followers and sympathizers were often in influential positions in government, including the judiciary, police and military, making prosecutions difficult. - the old regime tried to obscure evidence In response to these and other problems, a a non-judicial approach was adopted. Prof. Dr. G.F. Kirchhoff, Tokiwa International 53 Victimology Institute 4/11/2012 Restorative Justice 5 First Ruanda – Burundi More than thirty truth commissions worldwide, including in Argentina, Chile, Timor-Leste, El Salvador, Guatemala and more importantly South Africa and Ireland. Their success is remarkable. They are the only feasible method to establishing the truth of past crimes to provide a basis for victim compensation to install instruments to promote peace and reconciliation. United Nations Secretary-General’s report on “The rule of law and transitional justice in conflict and post-conflict societies” for systems in transition, there has not been found a better solution. Prof. Dr. G.F. Kirchhoff, Tokiwa International 54 Victimology Institute 4/11/2012 Restorative Justice 6 Advantages 1.Victims can be heard! Often for the first time, victims could bring to public attention their sufferings. The accounts are basis for public acknowledgement of the grave injustices they suffered. Often TRCs make recommendations for future handlings of the needs of victims. Prof. Dr. G.F. Kirchhoff, Tokiwa International 55 Victimology Institute 4/11/2012 Restorative Justice 7 2. Documentation for the facts are the base for knowing the truth. Often rejected by official government accounts, TRCs describe : what Human rights were injured? What really happened? Who were the offenders? Why were the crimes committed? These reports are widely discussed. They form the new nations base on which awareness and respect for Human Rights can grow. Prof. Dr. G.F. Kirchhoff, Tokiwa International 56 Victimology Institute 4/11/2012 Restorative Justice 8 3. Manifest of the will that the future is different! Demonstrate the difference between the current new governments and the old governments, help the credibility of new governments and lead them to support other peace building measures. Prof. Dr. G.F. Kirchhoff, Tokiwa International 57 Victimology Institute 4/11/2012 4. Promote peace and reconciliation. The commissions have successfully addressed gross human rights violations during conflicts. They promoted peace.They helped to achieve reconciliation.They made it possible that change occurred without new bloodsheds and civil war. They gave societies, groups and individuals an alternative way to somehow deal with otherwise truly unmanageable and unforgiveable injustices, helping to stop the wheel of revenge and counter-revenge. The United Nations plays an active role in supporting TRC efforts. A new field emerged for young scientists : “Peace Building” and “Transitional Justice” - European Center is the University of Leuven . Prof. Dr. G.F. Kirchhoff, Tokiwa International 58 Victimology Institute 4/11/2012
"Restitution and Compensation"