Mediation in Criminal Proceedings in the Iranian Legal System; A Comparative Approach to Canadian Law

Document Type : Technical-Scientific

Authors

1 Assistant Professor at Law Department of Yasouj Branch of Islamic Azad University

2 PhD Student in Criminal Law and Criminology at Yasouj Branch of Islamic Azad University

Abstract

In the last two decades, the influx of cases into the judicatories and courts has become one of the serious problems of the judiciary, so that this problem has caused lengthy proceedings, reduced the accuracy of judges in issuing verdicts, burnout and fatigue of judges from the high volume of cases. And in general, it has reduced the efficiency of the judiciary. This has led the judiciary to seek a solution to this problem from the very beginning, and one of these measures to reduce the number of cases to the courts was to establish a dispute resolution council. Although the formation of this institution was necessary and useful, the focus on reducing the number of cases and absolute statistics caused the councils to move away from their philosophy of existence, which was to correct the essence of the conflict and the chapter of hostility through compromise. Therefore, in this study, we have tried to deal with the effect of statistics on the performance of dispute resolution councils with an analytical method. Also, in this article, the information obtained from the statistics of the dispute resolution councils of Markazi province has been used as a statistical sample. Studies have shown that the increasing number of cases in the judiciary contains a worrying reality and should be addressed through fundamental solutions such as strengthening the principles of prevention

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