Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

Examining Iran's Criminal Policy from the Point of View of the Effects of Restorative Justice in the Principles of Fair Trial

Document Type : Original Article

Authors
1 Ph.D. Student in Criminal Law and Criminology, Gorgan Branch, Islamic Azad University, Gorgan, Iran.
2 Professor, Department of Criminal Law and Criminology, Faculty of Law and Political Science, University of Mazandaran, Babolsar, Iran. (Corresponding Author)
3 Assistant Professor, Department of Islamic Studies, Gorgan Branch, Islamic Azad University, Gorgan, Iran.
10.22034/jccj.2023.397975.1271
Abstract
In restorative justice, all those involved in a criminal process; victims, criminals and the local community have come together and are looking for solutions to eliminate the effects of the criminal process. At present, about a hundred countries of the world have turned to the implementation of restorative doctrines in the resolution of criminal disputes. Iran's criminal policy is also in line with the implementation of the principles of fair trial in cases of removing the punishment, changing the punishment or delaying the execution of the punishment; Also, the provision of restorative institutions such as postponing the issuance of verdicts and benefiting from principles such as mediation, in turn, originates from the principles of fair proceedings, which have provided good capacities for the implementation of restorative justice programs. In this way, the degree of application of fair trial principles in criminal policy indicates the degree of utilization of restorative justice findings in this area; Therefore, in order to know the extent of criminal policy utilization of the findings of restorative justice in criminal policy, the extent of utilization of the principles of fair proceedings has been the focus of its investigation and using the descriptive-analytical method and library tools, the principles of fair proceedings studies in the criminal policy from the perspective of the findings of restorative justice and finally comes to the conclusion that there are manifestations of using the findings of restorative justice in the legislative, judicial, executive and even participatory levels of the criminal policy of Iran. And Iran's criminal policy has not benefited from these findings.
Keywords

Volume 2, Issue 5
Winter 2023
Pages 661-672

  • Receive Date 18 May 2022
  • Revise Date 10 December 2022
  • Accept Date 12 December 2022
  • Publish Date 20 February 2023