Analysis of Criminal Mediation Implementation from the Perspective of Criminal Procedure Mediation By-Laws

Document Type : Technical-Scientific

Author

Ph.D in Criminal Law and Criminology of United Arab Emirates Branch of Islamic Azad University.

Abstract

Today, due to the overwhelming burden of litigation cases, the mechanisms originating from dejudicialization and reduction of responsibility of court proceedings are gradually recognized in the laws of the countries, including the most important of which is the institution of criminal mediation.  It has been pursued as a substitute for prosecution in Iranian and French criminal law with the aim of reducing the inflow of cases, and a country such as France has been ahead of Iran in practicing this traditional institution in nature but modern in title. For this reason, Iran is currently in its infancy in the implementation of criminal mediation, so it is of paramount importance to explain the practical executive points required for its better implementation. In addition, the adoption of the By-Laws on Mediation in Criminal Matters by two entities, one by the Judiciary in 1394 and then by the same title and a different text by the Council of Ministers in 1395, include important administrative points along with several ambiguities. While the law enforcement practice in French criminal law as an inspiring country on the one hand, and the practice of indigenous-local practitioners in the application of mediation on the other hand, are not only effective in resolving ambiguities, but can also be used to take a further step in the direction of localizing the implementation of this institution.

Keywords

Judgment
Volume 19, Issue 97
June 2019
Pages 95-116

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History

  • Receive Date: 07 January 2019
  • Revise Date: 08 February 2019
  • Accept Date: 12 June 2019

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