Investigating criminal mediation and its challenges in juvenile crimes

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Mohammad niya Younes

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Seminar Paper

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Seminar:
Year:2024 | Issue:9

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Title

Investigating criminal mediation and its challenges in juvenile crimes

Author(s)

Mohammad niya Younes

Keywords

criminal mediationQ4

children and adolescentsQ4

crimesQ4

Abstract

Victim-offender mediation is a process whereby a mediator mediates between the victim and the offender in order to directly resolve the parties' disputes through these conversations. We consider mediation as an important mechanism in juvenile proceedings, which pursues the goal of decriminalization through mediation and codification. Until now, it has not had a history of official legislation, but in 2012, the Criminal Procedure Law assigned an article to this program. which itself has its own challenges, one of those challenges is the maximum possibility of referring the case to criminal mediation, according to Article 82 of the Criminal Procedure Law approved in 2012, in 6th, 7th, and 8th degree crimes that can be suspended, and another challenge is that this is important in It is the discretion of the judge. The present study was compiled using a descriptive method and using a library method and a survey tool, and it followed the goal of criminal mediation in the proceedings of children and adolescents. Finally, in general, we can say that by inferring the goals of restorative justice and the religious ideals of Islam, we find that there are no restrictions for retributive punishments, retribution, limits, and diat in referring to mediation, and on the other hand, there are obstacles such as the lack of a suitable cultural and social in Iranian society, the low trust of judicial employees in the positive performance of the private sector in the investigation of mediation purposes and the high risk of their participation in this mission, the lack of sufficient skills and expertise of mediators in case management and the sophistication of criminal proceedings can reduce the success rate of this institution. For this purpose, the legislator should make revisions in the description of the framework and scope of the mediation clause so that its restorative function is institutionalized in the judiciary system so that the design of the indigenous model of the country's progress can be realized.

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