Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

The financial dimensions of criminal mediation in Iranian jurisprudence and law

Document Type : .

Authors
1 PhD student in Criminal Law and Criminology, Faculty of Humanities, Lahijan Branch, Islamic Azad University, Lahijan, Iran.
2 Associate Professor, Department of Criminal Law and Criminology, Faculty of Law and Political Science, University of Tehran, Tehran, Iran (Corresponding Author).
3 Assistant Professor, Department of Law, Faculty of Humanities, Shahed University, Tehran, Iran.
4 Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Humanities, Lahijan Branch, Islamic Azad University, Lahijan, Iran.
10.22034/ejs.2022.327688.1146
Abstract
Background and Aim: The process of criminal mediation is one of the important programs of restorative justice that has not received much attention from the financial and economic point of view. The present article seeks to examine the financial dimensions of criminal mediation in Iranian jurisprudence and law.
Materials and Methods: This is a leading descriptive-analytical article using a library method.
Findings: Criminal mediation has different dimensions from financial and economic point of view; First, it is one of the low-cost and fast methods of resolving disputes and conflicts. Second, mediation through de-judicialization and the reduction of court delays prevent the imposition of exorbitant court costs on the judiciary. On the other hand, mediation seeks to compensate the victim and restore his rights through the active participation of the offender through negotiation and peace.
Ethical considerations: In different stages of writing the article, ethical and scientific principles have been observed, including the scientific and accurate use of scientific resources.
Conclusion: Mediation has an important place in both jurisprudence and criminal law. Referral to mediation is an action that is inspired by the teachings of restorative justice and in order to reconcile the parties and exclude only some less important cases from the judicial process, but it is necessary to expand the scope of those more important criminal cases
Keywords

- Macey Dare, R. Litigation Cost Strategies, Settlement offers and Game Theory, University of Oxford, 2007.
- Shavell, S. “Foundations of Economic Analysis of Law”, Belknap Press of Harvard University Press, 1999.