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
The penal system always needs mechanisms that increase the speed of proceedings and reduce the entry of cases into the trial stage and improve the efficiency of judicial proceedings in the investigation stage, traditional and classical methods, new correctional and educational methods are proposed. The new criminal procedure policy of Iran in the Criminal Procedure Code of 1392, inspired by the teachings of the restorative justice system and identifying the principle of prosecution, tries to reconcile the parties by granting the defendant a deadline to obtain the plaintiff's pardon. Postponement of prosecution in granting a deadline is one of the manifestations of contractual justice, which at the beginning of Article 82 of the said law, how this process is foreseen in 6th to 8th degree criminal offenses (minor and minor crimes). Following such legal concessions and reaching an agreement, the judicial authority, based on the nature of the crime, will suspend or prosecute the case and the case will be closed at the preliminary investigation stage and removed from the criminal justice cycle. Judiciary thus seeks to reduce The weight of criminal law and the use of alternative solutions in handling criminal disputes and better administration of justice. it is a step towards recognizing the shortcomings to amend the relevant laws. The result of this descriptive-analytical research is that even in the mentioned crimes, the result of giving a deadline is more desirable than the formal criminal justice, although it is necessary to extend this process to other crimes.
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