The model of mediation in victim offender proceeding in Iranian and Islamic legal systems

Document Type : Original Article

Authors

1 Islamic Azad University- Najafabad

2 University of Kashan

3 Islamic Azad University-Najafabad

Abstract

Nowadays, using the victim-offender participation model in the judicial process has become a common solution in the criminal policy of countries Which is much broader than the traditional view of them in the system of crime evidence. In other words, the correct intervention and participation of the parties to the crime in the criminal proceedings process by completing the probative phase and focusing on the evidence phase in order to fulfill the aspirations of the criminal justice system emphasizes the beneficial effects and results of the trial in society. This model is considered as one of the important components of the relationship between the legislative and judicial criminal policy of countries, regarding the extent of interference of victim- offender with the participation of the people in the criminal proceedings. Iran's Code of Criminal Procedure has shown its willingness to use this model by anticipating the provisions on mediation. The participation of the parties in the trial is not only accepted by the Islamic system, but it has also been highly emphasized. This descriptive-analytical article seeks to explain the pattern of mediation in victim-crime participatory litigation by emphasizing the position of this form of litigation in Iranian criminal law and the Islamic legal system. The results of this study show that there is a semantic difference between the patterns set in common criminal policy and what is called mediation in domestic laws and regulations. However, their principles and basis are the same in the legal system and customary regulations. Failure to pay attention to these principles has led many to mistakenly consider mediation in criminal procedure as a manifestation of restorative litigation in Iran.

Keywords

References

- The Holy Quran.
- Ibn Baraj, Qazi Abdul Aziz (1406 AH), Al-Madhhab, vol. 2, Qom: Islamic Publishing Institute. United Nations Office on Drugs and Crime, 2005, Tehran: Judiciary.
- Ardabili (Holy), Ahmad Ibn Muhammad (1403 AH), Al-Faida and Al-Barha Association in the Explanation of the Guidance of Minds, vol. 13, Qom: Islamic Publishing Institute.
- Hosseinzadeh Zarkar, Alireza (1396), A Study of Innovations in the Criminal Procedure Code of 1392 in the Field of Mediation, Ferdowsi University, Faculty of Law, International Campus, M.Sc. Thesis, Criminal Law and Criminology.
- Hosseini, Seyed Mohammad; Ebrahimi, Mohammad Ehsan (1398), Judicial criminal policy regarding stolen property, Criminal Law and Criminology Studies, 49, 65-86.
 - Hosseini Jorjani, Seyyed Amir Abolfotuh (1404 AH), Ayat al-Ahkam, vol. 2, Tehran: Navid.
- Heidari, Ahmad Ali (1396), Investigating the capacities of restorative justice in the Iranian criminal justice system, Master Thesis, Allameh Tabatabai University, Faculty of Law and Political Science, Criminal Law and Criminology.
- Khansari, Seyyed Ahmad (1355), Comprehensive Evidence in the Brief Description, Volume 7, Tehran: Sadough Library.
- Darvish Hoveida, Yousef (2011), A Study on Mediation as a Friendly Method of Dispute Resolution, Private Law Studies (Law), 4.41, 121-137.
 - Rahiminejad, Ismail (2010), Theoretical Foundations of Restorative Justice, Allameh Specialized Quarterly, 10/29, 67-86.
 - Rostami, Vali (2007), People's Participation in the Criminal Process, Tehran University Law Quarterly, 2.37, 139-171.
 - Rahgsha, Amir Hossein (2004), A Look at Dispute Resolution Councils, Ch 2, Tehran: Daneshvar.
 - Agriculture, Abbas (2005), Criteria for Determining Forgivable Crimes, Adalat Ara Legal Journal, 1, 20-43.
 - Poison, Howard (2009), Small Book of Restorative Justice, translated by Hossein Gholami, Ch 2, Tehran: Majd.
- Samavati Pirooz, Amir (2006), Restorative Justice, Gradual Adjustment of Criminal Justice or Its Change, Tehran: Negah Bineh.
 - Tusi (Shaykh al-Ta'ifa), Muhammad ibn Hassan (Bita), The End in the Complete Fiqh and Fatwas, Qom: Quds.
 - Amid, Hassan (1360), Farhang Amid, Ch 16, Tehran: Amirkabir.
 - Gholami Hosein; Moghadam, Ali (2017), Confidentiality in the process of criminal mediation, Journal of Criminal Law and Criminology Studies, 2, 179-202.
 - Firoozabadi, Hooshmand and Batahi, Farhad (1396), A Study of the Jurisprudential Nature of Arbitration, Quarterly Journal of Islamic Jurisprudence and Law Research, 48, 171-192.
 - Marty, Mir Delmas (2002), The Great Systems of Criminal Policy, Vol. 1, translated by Ali Hossein Najafi Abrandabadi, Tehran: Mizan.
 - Majlisi (Allama), Mohammad Baqir (1403 AH), Bihar Al-Anwar Al-Jame'a for the news of the Imams, vol. 72, Tehran: Dar Al-Kitab Al-Islamiya.
 - Mohammadi, Abolhassan (2006), Principles of Inference of Islamic Law (Principles of Jurisprudence), Ch 23, Tehran: Institute of Printing and Publishing, University of Tehran.
 - Muazzin Zadegan, Hossein Ali (2005), Critique and review of the draft articles of the Criminal Procedure Code 2008, Law and Policy Research, 15 and 16.
 - Najafi Abrandabadi, Ali Hussein; Shadmanafar, Mohammad Reza; Attention, Abdul Ali (2008), Reforming the Essence of the Interceptor and the Theory of Restorative Justice, Modares Journal of Humanities, 58, 193-222).
 - Najafi Aberandabadi, Ali Hossein (2003), Criminal Mediation: A Manifestation of Restorative Justice, Introduction to the Book of Mediation in Criminal Matters; Mohammad Ashouri, Alternatives to Prison or Intermediate Punishment, Tehran: Gerayesh.
 - Najafi Abrandabadi, Ali Hossein (2003), From Classical Criminal Justice to Restorative Justice, Specialized Journal of Razavi University of Islamic Sciences, 3, 3-38.
 - Najafi Abrandabadi, Ali Hussein; Hashem Beigi, Hamid (1998), Encyclopedia of Criminology, Tehran: Shahid Beheshti University.
 - Varam Ibn Abiyyah Firas, Masoud Ibn Isa (1410 AH), Tanbih Al-Khawatir and Nazha Al-Nawazir, vol. 1, Qom: Maktab al-Faqih.
Journal of Studies in Islamic Law & Jurisprudence
Volume 13, Issue 24
August 2021
Pages 7-38

Files

Share

How to cite

Statistics