Restorative Justice in the light of Civil Liability of Judicial Officers

Recent criminal investigations have shown that traditional criminal justice in its approach has failed to solve the problem of crime rate rising as expected. This incapacity of traditional criminal justice has created new approaches to the criminal phenomenon, its effects and how to deal with it, most notably the approach to restorative justice. In terms of its nature this study is of an applied research type and descriptive-analytic. The data are collected through library studies. The researcher analyzed and evaluated the issue by referring to legal and Islamic jurisprudence resources as well as civil rules and regulations. Findings and The results of this research indicate that contrary to traditional criminal justice, special attention has been paid to the victim and his damages, and the main purpose of the processes and guarantee of the implemented performances is to restore the victim's damage and give the responsibility to the offender. Thus, with restorative justice programs, before enforcing the court order, simply compensate the injured person or other people, and reduce the civil liability of the judicial officers appointed in this research for the employees of the I. R.I. Police. By convening a meeting between the victim and the offender with the civil servant and creating compassionate meetings before the court, and dealing with the subject matter, civil liability of judicial officers may be terminated. Unfortunately, in the current judicial system, the restorative justice institution has not been very well used to compensate for civil liability, but in some cases, the resolution council has made good use of the tools of this institution. Ultimately, international rules and international institutions have recently accepted restorative justice.