A comparative study of the role of the police in criminal mediation in Iranian law and international documents

Mediation came into view as one of the restorative justice plans as a result of the evolution in jurists and criminologists\' ideology since the 70s. Police mediation which is placed in police-judiciary sort and before the court procedure, plays an effective role in deregulation because it’s the first step in facing. This kind of mediation has been prescribed in international documents and diverse countries’ laws such as Canada and New-Zealand. In Iranian law, in juridical texts, police mediation has not been predicted explicitly. Despite this, police forces acting out by inspiration of paragraph 8 of article 4 of the police force law of the Islamic Republic of Iran that is ratified in association with police forces duties in crime prevention in 1369. Present research studies police mediation role in Iranian law and international documents in a descriptive-analytical manner, and results show that normative and systematic implementation of mediation by police needs clarification in juridical texts and provision required instructions for police force. In the code of criminal procedure law approved in 1392, mediation in punishable crimes of the level of 6, 7, and 8 which their retribution is suspended, has been predicted. However, it\'s applicable unofficially in Fixed punishment Crimes, nemesis, wergild, and level of 1 to 5 of Tazirat including visible and invisible crimes. Nevertheless, are not prosecutable and trialable in unforgivable crimes from devotional aspects and is considered from penalty discount items. In crimes with social impact, criminal mediation is not acceptable, due to the impossibility of securement of the restorative justice.