Paradigm of restorative justice and limitation of criminal mediation in jurisprudence and law of Iran

Subject Areas : Nameh Elahiyat

yasaman  saeidi ¹ (teh shomal)

Received: 2022-10-02 Accepted : 2022-10-04 Published : 2023-01-21

Keywords: mediation, Restorative justice, criminal Justice, zat albin reform,

Abstract :

Restorative justice is the result of changes in the attitude towards criminal justice, this process is a resolution process with tools such as mediation of the dispute in a friendly environment with the participation of the victim and the accused with the management of a third party or discussion about the causes, effects and results of the attributed crime. and facilitates the season. This method not only reduces the density of work and the delay of proceedings that dominates the judicial system, but also leads to the prevention and reduction of violations in the long term and the development of a favorable judicial system. The current research is trying to find an answer to this question in a descriptive and analytical way, what crimes does the jurisprudential and legal limitation of mediation include? The findings of the research show that there are no restrictions in the Sharia for referring human rights crimes to mediation, and in the cases of God's rights crimes, where the ruler has the power to pardon or the crime is proven by the confession of the guilty, and in case of repentance, before the crime is committed. According to the imam, it is permissible to refer to mediation before the establishment of evidence. While the legislator in Article 82 of the Criminal Procedure Law has limited the use of mediation only in taziri crimes with degrees 6, 7 and 8, in the sense that it includes limited.