The model of mediation in victim offender proceeding in Iranian and Islamic legal systems

Abstract

Nowadays, using the victim-offender participation model in the judicial process has become a common solution in the criminal policy of countries Which is much broader than the traditional view of them in the system of crime evidence. In other words, the correct intervention and participation of the parties to the crime in the criminal proceedings process by completing the probative phase and focusing on the evidence phase in order to fulfill the aspirations of the criminal justice system emphasizes the beneficial effects and results of the trial in society. This model is considered as one of the important components of the relationship between the legislative and judicial criminal policy of countries, regarding the extent of interference of victim- offender with the participation of the people in the criminal proceedings. Iran's Code of Criminal Procedure has shown its willingness to use this model by anticipating the provisions on mediation. The participation of the parties in the trial is not only accepted by the Islamic system, but it has also been highly emphasized. This descriptive-analytical article seeks to explain the pattern of mediation in victim-crime participatory litigation by emphasizing the position of this form of litigation in Iranian criminal law and the Islamic legal system. The results of this study show that there is a semantic difference between the patterns set in common criminal policy and what is called mediation in domestic laws and regulations. However, their principles and basis are the same in the legal system and customary regulations. Failure to pay attention to these principles has led many to mistakenly consider mediation in criminal procedure as a manifestation of restorative litigation in Iran.

Keywords

• mediation
• criminal procedure
• participation of victim-offender