Investigating the place of mediation in Iran's criminal policy

Document Type : Original Article

Author

Kermanshah Branch of Azad University

Abstract

The emergence of restorative justice is the result of changes in attitudes toward criminal justice and crime thinking over the past two decades. Restorative justice is to involve all parties involved in the crime in this process and to decriminalize and prosecute through means such as mediation, and the principle is not to prosecute the accused as much as possible. It also seeks to provide relief to the victim. LT is.
The result is a reduction in the density of cases and a reduction in the victim's costs, and in the case of the accused, the provision of grounds for accelerating his socialization. Inspired by this new approach, Iran's criminal policy seeks to reduce the country's criminal population by using the facilities available in the non-governmental sector. In the Iranian legal system, which is influenced by jurisprudential views, this possibility exists in crimes subject to retribution and diyat, as well as a limited number of crimes subject to hadd.
Therefore, one of the corrective and non-penal solutions in Islam is mediation and correction of the essence that exists in the disputes between individuals. This approach is accepted in both civil and criminal law systems.

Keywords

Political Sociology of Iran
Volume 5, Issue 10
December 2022
Pages 1468-1480

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