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Assistant Professor and President of Azad University, South Tehran Branch.Faculty member
Abstract
Restorative justice is an emerging yet ancient and rooted pattern of criminal justice that has been renewed since the 1970s and 1980s. According to criminal law scholars, the reasons for the tendency towards restorative justice in recent decades are the inability of the criminal justice system in the two spectrums of retribution and its correction and training to control crime, that with the sudden and unfortunate rise in crime rates, fundamental questions have been raised about the extent of traditional criminal justice and governments' ability to control crime, and on the other hand, governmental officials have realized that crime control is beyond the reach of governments in two distinct ways. These dual aspects are: 1. The capacity of criminal government institutions is severely limited. 2. There are no inhibitory mechanisms that operate outside government boundaries and are somewhat independent of government policies. The dispute settlement council, as one of the dispute resolution bodies, has a more effective role in achieving restorative justice, thus, it can be said that this type of justice is not limited to criminal law, but also can be realized and invoked in private law and in disputes between individuals that have no criminal origin. The present study tries to determine the position of fair trial which is one of the most essential fundamental human principles in restorative justice by descriptive-analytical method, and also, the possibility of using the principles of restorative justice in other areas of law and fair trials in authorities such as the dispute settlement council is discussed.
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