نوع مقاله : مقاله پژوهشی
استادیار گروه حقوق، دانشگاه شهید اشرفی اصفهانی، اصفهان، ایران
عنوان مقاله [English]
Alternatives to criminal prosecution, which is a manifestation of the principle of proportionality of criminal prosecution, can be considered as the third way and the intermediate method of unconditional prosecution and archiving the case; In addition, the criminal is not left without prosecution and the goals of the punishments are achieved without the person entering the criminal justice system. In American law, which is derived from the common law system, the principle of having a position of criminal prosecution that alternatives to criminal prosecution It is a manifestation of this principle, it has a greater manifestation than the other principle; Because there, the prosecution of the accused begins when there is sufficient evidence against the accused and the public interest requires the prosecution. There are other sub-conditions, such as the benefit of the victim (unlike Iranian law, where the willingness of the victim is a condition in some crimes( and there is the observance of moral principles, all of which can be considered as factors of the development of this principle and, as a result, alternatives to criminal prosecution. As a result of the researches and studies, some aspects of alternatives to criminal prosecution were brought to the attention of the legislator in the approval of the Criminal Procedure Law approved in 2013. But this amount, it seems, is not enough and the application and implementation of this small amount also faces challenges which in this research with descriptive-analytical method, these challenges are in the form of cultural challenges (Tendency to punish and lack of attention to The goals of punishments) executive (absence of an organization to care for criminals and lack of financial credits to apply alternatives to criminal prosecution), legislative (It is not mandatory to file a character file in all crimes and apply alternatives to criminal prosecution with strict conditions) and judicial (inflation of criminal cases and weak training of judges) will be examined by looking at American law.