نوع مقاله : مقاله پژوهشی
قاضی بازنشسته دیوان عالی کشور، مدرس دانشگاه، دکتری حقوق خصوصی
عنوان مقاله [English]
According to the first paragraph of Article 156 of the Constitution of the Islamic Republic of Iran, one of the duties of the judiciary is to "investigate and issue verdicts on grievances, violations, complaints, settling lawsuits and resolving hostilities." The failure of the traditional criminal justice system to reduce crime and criminal behavior and the emergence of new perspectives on restorative justice has led to the emergence of the institution of mediation in criminal policy and has been gradually gaining importance in international and regional instruments and national laws since the 1970s. Be. The formal acceptance of this institution and its relative success in compensating for the damages caused by the crime have encouraged the ordinary legislator to use the capacity of "mediation" as one of the methods of resolving disputes and resolving hostilities. Article 82 of the Code of Criminal Procedure allows judges to refer cases for sixth, seventh, and eighth degree criminal offenses to the Dispute Resolution Councils or a person or institution for mediation at the request of the accused and with the consent of the private plaintiff. The mediator can reach a compromise within three months by negotiating and providing the necessary recommendations between the parties and finally reporting the result to the relevant judge. This period can be extended for another three months. Despite all the obstacles and concerns in the success of mediators in achieving the valuable goals of criminal justice, the legislator's positive response to mediation is commendable and paints a bright future for it. This article examines the various aspects of mediation in Iranian criminal law with a look at the law of some European countries and international documents.