Within or outside the system? Restorative justice attempts and the penal system 1

In this chapter I deal with some problematical aspects and consequences of the implementation of TOA (the German version of victim–offender reconciliation). But, to make it very clear from the beginning, criticism for its own sake is not my intention. None of the thoughts expressed here amount to what the German language calls a ‘killer argument’ (Totschlagsargument) against the implementation of restorative justice elements within the criminal justice system, but they might be a reason to think about the current use and status of victim–offender reconciliation and its further development.