Mediation as a participatory criminal policy in ta'zir punishments
Mediation, which is referred to in the Holy Qur'an as the correction of the essence, is a method of confrontation between the victim and the offender, the process of which involves the participation of a person or third parties called a mediator or facilitator. The victim and the offender help to reach a mutual agreement. Mediation by a court judge is recommended by many jurists and in addition to civil matters, it also includes criminal matters (especially ta'zir punishments); , That is, mediates and seeks to answer the question of whether restorative justice can be done through mediation and reform of the essence.
The research method in the present article is descriptive-analytical.
The findings of the study indicate a significant effect of the use of mediation mechanisms in reducing the volume of cases and also the number of court appeals. Based on this, it can be concluded that mediation based on the Qur'an and Sunnah has a significant role in achieving restorative justice in the criminal proceedings.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.