THE ROLE OF PENAL MEDIATION IN DISPUTE SETTLEMENT

Seyyed Ali Marashi

Abstract


The main goal of the present study was to investigate the role of penal mediation. Restorative justice aims to involve the entire sides of disputes in the process of dispute settlement. Through the application of instruments such as mediation, the pursued goal is decriminalization while avoiding the prosecution of the defendant as it is possible. In addition, it tries for compensating for the losses of the plaintiff. The article 82 of the criminal procedure code envisages the issue of mediation in level 6, 7, and 8 discretionary crimes. The former results in reduction of number of cases, reduction of costs inflicted on plaintiffs and, in case of the defendants, it results in the provision of contexts for their faster rehabilitation. Nowadays, most of theorists of criminal justice believe that as a method of dispute settlement, penal mediation must follow certain principles and rules that guarantee the rights of both the plaintiffs and the defendants in a simultaneous manner. The present study is an applied study conducted through descriptive analysis and its results show that penal mediation through meetings involving elders and deans not only results in settlement of disputes, but also it prevents further contentions; hence as a new appearance of criminal justice, it can be considered as a suitable brachium for the justice system.

 

Article visualizations:

Hit counter

DOI

Keywords


settlement, disputes, mediation, restorative justice, criminal justice

Full Text:

PDF

References


Bahramand, Hamid, The Effects of Restorative Justice in Iranian Law, Master's Thesis on Criminal Law and Criminology, Imam Sadiq University (2004).

Tony Marshall, Reconciliation Justice, translation by Amir Samavati Pirouz, Martin Wright, and others, Reconciliation Justice for the Promotion of the Poor's Approach (Tehran Khalilian Publications, 2005).

Habibi, Rahman, Criminal Mediation, A Road to Defamation, Mahallat Prison Administration, 2007.

Dana, Amir Reza, Effects of Restorative Justice in Iran's Criminal Code, Master's Thesis, Criminal Law and Criminology, University of Tehran, 2005.

Atishneh, Mansour, Season among the Arab tribes of Khuzestan, Master thesis, Criminal law and criminology, University of Tehran, 1992-1991 academic year.

Ali Gholikhan, Sardar Asad Bakhtiari, Bakhtiari's History, Siavash Publishing, Second Edition, 1984.

Najafi Abrand Abadi, Ali Hossein, From Criminal Justice to Reconciliation, Journal of Razavi University of Science, Year 2, No. 9 & 10 (2003).

Najafi Abrand Abadi, Ali Mohammad Hossein, Hashem Beigi, Hamid, Crime Faculty Encyclopedia, Shahid Beheshti University Press, 1998, first edition.




DOI: http://dx.doi.org/10.46827/ejsss.v0i0.395

Copyright (c) 2018 Seyyed Ali Marashi

Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 International License.

The research works published in this journal are free to be accessed. They can be shared (copied and redistributed in any medium or format) and\or adapted (remixed, transformed, and built upon the material for any purpose, commercially and\or not commercially) under the following terms: attribution (appropriate credit must be given indicating original authors, research work name and publication name mentioning if changes were made) and without adding additional restrictions (without restricting others from doing anything the actual license permits). Authors retain the full copyright of their published research works and cannot revoke these freedoms as long as the license terms are followed.

Copyright © 2015 - 2018. European Journal Of Social Sciences Studies (ISSN 2501-8590) is a registered trademark of Open Access Publishing Group. All rights reserved.

This journal is a serial publication uniquely identified by an International Standard Serial Number (ISSN) serial number certificate issued by Romanian National Library. All the research works are uniquely identified by a CrossRef DOI digital object identifier supplied by indexing and repository platforms. All the research works published on this journal are meeting the Open Access Publishing requirements and standards formulated by Budapest Open Access Initiative (2002), the Bethesda Statement on Open Access Publishing (2003) and  Berlin Declaration on Open Access to Knowledge in the Sciences and Humanities (2003) and can be freely accessed, shared, modified, distributed and used in educational, commercial and non-commercial purposes under a Creative Commons Attribution 4.0 International License. Copyrights of the published research works are retained by authors.


 

Hit counter