The scope of penal mediation in various types of crimes in Iranian substantive law

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Gholami doon Hossein; SOUDANI SADRI BADR

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Journal Paper

Paper Information

Journal: JOURNAL OF CRIMINAL LAW AND CRIMINOLOGY RESEARCH Year:2019 | Volume:7 | Issue:13 Page(s): 33-60

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Information Journal Paper

Title

The scope of penal mediation in various types of crimes in Iranian substantive law

Author(s)

Gholami doon Hossein | SOUDANI SADRI BADR | Issue Writer Certificate

Keywords

Penal Mediation

Discretionary Punishments

Hudud

retaliation

atonements –Diyat

Abstract

In this method of resolving disputes the parties, regardless of the limits of the book of law and the formal procedure with the help of a third party are seeking a unison. Following the legalization of Penal Mediation in Iran, the clarification of its specifics in the substantive law and determining its scope and extensionin responding to the various types of crimes (Discretionary Punishments – Ta`zir*, retaliation-Qisas**, and atonement) is of great importance. It should be seen whether Iranian lawmakers have been able to make the most of this process by clarifying the effectiveness scope of mediation. Answering the above question is a step towards identifying existing shortcomings and lights to reform the relevant laws. The results of this analytical-descriptive research show that the result of mediation is more favorable than formal criminal justice towards four crimes mentioned above. However, the Iranian legislator has accepted mediation only for discretionary punishment crimes which is in a limited extend. This is while generalizing this process is clearly to atonements and retaliation and extending its scope to a part of Haddcrimes is correct.

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APA: Copy

Gholami doon, Hossein, & SOUDANI SADRI, BADR. (2019). The scope of penal mediation in various types of crimes in Iranian substantive law. JOURNAL OF CRIMINAL LAW AND CRIMINOLOGY RESEARCH, 7(13 ), 33-60. SID. https://sid.ir/paper/269755/en

Vancouver: Copy

Gholami doon Hossein, SOUDANI SADRI BADR. The scope of penal mediation in various types of crimes in Iranian substantive law. JOURNAL OF CRIMINAL LAW AND CRIMINOLOGY RESEARCH[Internet]. 2019;7(13 ):33-60. Available from: https://sid.ir/paper/269755/en

IEEE: Copy

Hossein Gholami doon, and BADR SOUDANI SADRI, “The scope of penal mediation in various types of crimes in Iranian substantive law,” JOURNAL OF CRIMINAL LAW AND CRIMINOLOGY RESEARCH, vol. 7, no. 13 , pp. 33–60, 2019, [Online]. Available: https://sid.ir/paper/269755/en

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