Executive Mechanisms and Challenges of Restorative Justice in the Criminal Procedure Code adopted in 2013
Subject Areas : فصلنامه مطالعات میان رشته ای فقه
1 - Department of Law, Faculty of Law and Political Science, Payame Noor University, Alborz Branch, Alborz, Iran
Keywords: Community, mediation, crime, Restorative justice, Criminal,
Abstract :
Restorative justice seeks to repair the relationship between the offender and the victim with the efforts of the local community, and in our country there is a special and high capacity to implement restorative justice programs. But sometimes restorative justice mechanisms face challenges that conflict with the context of criminal litigation because the law somehow protects the victim, and restorative justice seeks to upset this balance and favor the victim in a distinct way. The offender becomes a tool. This also provides a challenge in the implementation process. In addition, in the implementation stages of restorative justice, to implement the teachings of restorative justice, we must form organizations and institutions to implement various methods of restorative justice, which in addition to having guarantees to have adequate budget for compensation, and this makes restorative justice Run at a broader and more desirable level. But if it is on paper, we can not expect more in the implementation process. Restorative justice in the Code of Criminal Procedure approved in 1392 in Articles 82, 83, 84 and 192 has been considered by the legislator. Restorative justice is mediated.
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