Document Type : Original Article
Authors
1
Student, Department of Criminal Law and Criminology, Central Tehran Branch, Islamic Azad University, Tehran, Iran
2
Assistant Professor, Department of Criminal Law and Criminology, Central Tehran Branch, Islamic Azad University, Tehran, Iran (Corresponding Author)
3
Assistant Professor, Department of Criminal Law and Criminology, Mashhad Branch, Islamic Azad University, Mashhad, Iran
Abstract
Inspired by the teachings of the restorative justice system and identifying the principle of prosecution, Iran's new criminal procedure policy in the 2013 Code of Criminal Procedure seeks to reconcile the parties through mediation. Mediation is a three-way process (crime-victim-society) and one of the manifestations of contractual justice and has equivalents such as intercession and arbitration in jurisprudence. Articles 82, 83, 84, and 192 of the Code of Civil Procedure provide for the mediation process in 6th to 8th degree minor crimes (minor minor crimes). After reaching an agreement, the judicial authority shall suspend prosecution or suspension based on the nature of the crime. It is issued and the case is closed at the preliminary investigation stage and leaves the cycle of criminal justice, so it remains to be seen whether the legislator has been able to provide the maximum possibility of this process by efficiently explaining the realm of mediation. In order to amend the relevant laws, the result of this descriptive-analytical research is that even in the mentioned crimes, the result of mediation is more desirable than the formal criminal justice, although it is necessary to extend this process to other crimes.
Keywords
)