To protect restorative justice, active responsibility is an important element but, it is also argued that there could be injustice if passive responsibility has ignored. However, concerning of Brent Fisse’s theory of reactive fault, many criminal justice systems execute the concept of casual fault and reactive fault. The balance between this two fault very from one jurisdiction to another but, for example, in some Asian jurisdiction, reactive fault is the greater fault than causal fault. According to Fisse, for criminal liability ‘reactive fault’ is one of the most important element. In case of casual fault, if the fault is admitted then the liability, in criminal case, may be removed but may be not removed in civil cases. On the other hand,
