mohammad matinparsa

Criminal mediation is considered as an alternative method for social reconciliation, which is held with the presence of the parties of a criminal dispute and the role of a third person called the mediator. Criminal mediation, which is also known by titles such as reconciliation, is the personal mediation of a third party between two parties of a criminal case and providing a basis for dialogue and agreement in order to return the situation to normal, which of course is possible with other programs such as conferencing, circles, restitution of the victim's situation, community services, victim impact statements and community restorative boards have similarities. The dispute resolution councils, as a judicial references, which mainly steps towards reconciliation between the parties to the proceedings, despite the diversity in the implementation of dispute resolution programs, the characteristics of most of these programs are the active participation of litigants and local communities, dialogue-oriented, efforts to reach a solution to compensate the victims and the offender's responsibility. Therefore, criminal mediation programs can be a good opportunity to expand and strengthen community-oriented in the judicial system. The root of adopting a community-oriented approach to criminal issues and recognizing people's participation in solving  Corresponding Author: hnaderi58@gmail.com How to Cite: Naderi, H., Matin Parsa, M., & Pourmazar, M. (2023). Analyzing the Position of Mediation in Dispute Resolution Councils with a Sociological Approach; (from Perspective of the Members of the Branches of the Tehran Councils). Journal of Criminal Law Research, 12(45), 153-192. doi: 10.22054/jclr.2024.75156.2608.Hamid NaderiResearcher of Department of Interdiciplinary Studies, Institute of Strategic Studies, Judiciary Research Institute, Tehran, Iran.Mohammad Matin ParsaPh.D. in Criminal Law and Criminology, Allameh Tabatabaꞌi University, Tehran, Iran.Mohammad PourmazarMaster in Criminal Law and Criminology, Shahid Beheshti University, Tehran, Iran.Journal of Criminal Law Research | Vol. 12 | No. 45 | Winter 2024 | 154criminal disputes can be found in "public sociology" studies in general and "restorative justice" teachings in particular.From the substantive point of view, since crime is considered a social phenomenon and behavior against the norms of society, and the offender and the victim are members of the society, so the process of pursuing the case and responding to the offender should also be in accordance with this social context. Categories related to criminal law, such as criminalization and separation of crimes from social deviations, ordering of response methods, prevention of crime, determination of responding references, evaluation of its performance and historical developments, are not separate from the community of the place of implementation or its specific social context, and this fact can be seen in the link between the law and the social. By giving identity to the offenders, preventing them from being labeled and providing an environment of acceptable shame, criminal mediation can lead to the correction and return of the offenders to the society as quickly and better as possible and their alignment with the norms.The social approach of the judicial system is one of the meeting points of the social with the law, and it is a view of the process based on which the judicial system, especially the criminal justice system, along with the people consisting of natural persons and non-governmental organization, assume social responsibility towards the general issues related to the judiciary. This approach is based on returning to society and taking advantage of social capacities and creating a basis for the consolidation of social capital. Depending on the topics and stages, this partnership can have many manifestations, including legislation, monitoring the implementation of laws, crime prevention, crime detection and prosecution and investigation, settlement of lawsuits, determination of punishment and its implementation. If mediation in criminal matters is done independently and away from the jurisdiction of the judicial system, it can be a suitable context for realizing and strengthening the social approach of the judicial system. The main goal of the research is to analyze the criminal mediation in the dispute resolution councils of Tehran.The current research was conducted using qualitative method in the form of thematic analysis .In order to collect data, an unstructured interview tool was used. The statistical population of the current research included managers and members of Tehran Dispute Resolution Council's branches and branches located in courts which was carried out by non-probability and purposeful sampling; and the samples were selected in a targeted manner at the level of the complexes of the Tehran Dispute Resolution Council until reaching theoretical saturation in the number of 11 people. Maxqda, the qualitative data analysis software, was used to encode and analyze the data. The interview protocol is set according to the main axes of the empirical background and by|155| Analyzing the Position of Mediation in…; Naderi et al.conducting a review of the body of knowledge related to the subject, and the operational method of the research is the content and thematic analysis. Thematic analysis is one of the methods of analyzing textual data, one of its characteristics is the use of categories adapted from theoretical models and applied to the data.The data collected in the form of the main themes "relationships of the dispute resolution council with the judicial system and social contexts", "The nature and purpose of the dispute resolution council", "The quality of the implementation of conciliation and dispute resolution programs" and "The challenges of the dispute resolution council in the path of decriminalization and social reconciliation" formulated and affirming the necessity of councils' activity as an institution independent of the judicial system and arising from the society; Because in this lack of independence, the judicial approach has prevailed over the councils, considering this institution as a helping arm and a legal aid institution. The predominance of such an approach, along with the addition of judicial jurisdiction and the issuing of judgments, has caused the mediators active in the councils to move away from the role of facilitators and find an approach similar to that of the judges. The consequence of this judicialization is manifested in not taking advantage of the capacity of the local community, lack of attention to the needs of litigants, and lack of root-finding and problem-solving approach. Therefore, at present, the councils have moved away from their primary goals and their performance is very different from criminal mediation in a special sense.

Background and Goal:

Presumption of Innocent requires Accused Rights observed by Judiciary and Law Enforcement, but multi Stage Nature if Criminal Proceeding and Existence of multi Actors in the process cased Accused Rights being neglected. Therefore in order to Observance of Accused Rights alongside of Society Order, Recognition of Dimensions and Aspects of these Rights is necessary.

In terms of objective, this Paper is an applied Research and in terms of Methodology, it is a descriptive-analytical study.

in this regard Stage of putting Accused under Supervision is discussable. In this Stage judicial Authorities have note give Order and Law Enforcement provide Preparations for Entrance Accused to criminal Process and Accused Rights is so vulnerable and exposed to Violation. Perhaps most basic and probableof them is Physical rights of Accused.

this Research considers physical Aspect of Accused Rights and compares this Right in Iran and France legal Systems. ThroughComparison of this Right in Framework of Prohibition of Torture, Deprivation of liberty, Acceleration of judicial proceedings and Right to Care and Medical attention, we can see a kind of protective Approach in Islamic Republic of Iran Provisions, however some Defects exist in current Provisions that ought to be resolved.

With the approval of the Islamic Penal Code adopted in 2013, the Iranian legislator introduced some of the community-based punishments into the legal literature of the country which their effectiveness requires the provision of various contexts at different levels of legislation, judiciary and administration.The present article has tried to critique alternative sentencing sentences as a unit of analysis, one of the angles. In this regard, based on the votes issued in the years 1396-97 throughout the country. 450 related votes were extracted and out of these, 210 votes were randomly selected as the sample size. Then, these opinions were analyzed based on the substantive and formal indicators that resulted from holding three focus groups with experts in this field.The data of this analysis indicate that most of the studied samples were defective in at least one of the specified indicators. As a result of the analysis, it can be argued that the observed problems are a function of the lack of the necessary context, including insufficient education and appropriate culture, inflation of cases and lack of sufficient opportunities to address. As a result, without providing the necessary substrates, the existence of defects in the studied indicators will not be unexpected.

One of the most basic questions regarding the applicability of criminal institutions is, why do they fail when they are transferred to the Iranian legal-judicial tradition? Furthermore, since the judges are their primary beneficiaries, another query which arises is, why are judges reluctant to use such institutions? Questions such as these have not only been answered in relation to the penalties placed within free public services, but have also been independently and qualitatively answered by other criminological institutions.Using a qualitative method and by interviewing focus group made up of 12 judges, who issue free public service penalties, the present study seeks to discover what obstacles prevent judges from issuing such sentences.The findings of the present study indicate, judges, who believe in the corrective-therapeutic effect of free public service penalties, also acknowledge that the application of free public service penalties is hindered at all three legislative, judicial and executive levels. The limited range of crimes applicable within free public services, the lack of predicting efficient mechanisms for the cooperation of the judiciary and the executive branches, the ambiguity over whether to issue Article 3 of the (1984) Collections Act ... or not and other legal ambiguities and shortcomings are considered to be the most important obstacles in the legislative level. Furthermore, the following are regarded as obstacles of the enforcement of free public service penalties: the absence of statistics and evaluations of the performance of judges based on quantitative indicators; the presence of prisoner organizational culture towards judicial barriers; shortcomings in training judges in order to familiarize them with the various aspects of the new institutions, lack of public awareness and trust; and the accepting bodies.

Community service order is considered as the most prominent example of community-based punishments, entered in 2013 into the Iranian Legal and judicial literature. Therefore, it was expected legislator by a set of comprehensive statutes that are far from multiple challenges, created a context for effectiveness of this new institution in line with achieving its main aim of reforming and reintegrating the perpetrator. Thus, the main question of the present article will be whether the set of statutes and rules and in accordance with the targets intended for community service order, so that it leads to the greater effectiveness of this concept? In this regard, the authors at first studied 150 related judicial decisions and identified the judges issuing them (purposive sampling) as the main actors in this study and the gathered the data afterwards by conducting semi-structured in-depth interviews gathered its data. The data indicated that there are legal challenges at the sentencing stage and subsequently after conviction. The research findings also show that Iran's macro-judicial policies related to community service order (reducing the punishment of Community Service Order as an alternative to imprisonment and considering it as a means to reduce prison population) were not commensurate with the inherent goals of this community-based punishment. And finally, it has paved the way for many challenges. This disproportionate targeting can be categorized into the following two classifications: “Failure to identify actors in proportion to the nature of the punishment”, “Failure to identify situations appropriate to the nature of the punishment”.

The importance of the prosecutor in prosecuting of crimes and its close association with legitimate rights and freedoms has led to different approaches to the selection of this office. In legal systems, four methods are used for select prosecutor: private; appointive; elective and combining/merit selection.The Iranian legal system has always and only experienced the methodof appointment; But elective selection has been used in most US states. Despite the benefits of this method, such as the proximity to democratic principles, it is essential to examine the challenges and potential pitfalls of this approach.Given the basics and experience of using the method in the United States, two category of challenges can be identified:First, the political and social challenges (theoretical) include:be affected of elected prosecutor by political authorities and emersion of criminal populism.Second, executive challenges include: limited legal procedures for accountability, inadequate selection criteria for citizens, few electoral rivals, modest changes in prosecutor's office, and neglectingideology of electoral candidates.

Effective prevention and coping with natural disasters as harmful events are among the most important concerns of policymakers and administrators in various areas of community affairs. Although decades ago, criminology was not noticed to the natural disasters, however, nowadays, under the influence of zemiological approaches, natural disasters, as one of the examples of state crime, are under the attention of thinkers in the field of crime criminology. Thus, the examination of these hazards from the point of view of criminal investigations can more and more determine the role of the state in this field. Translational Criminology is from the point of view of practice, including criminal investigations, which emphasize the operation of existing data and information, attempts to provide practical measures for events and phenomena. Therefore, the main purpose of this paper is the feasibility of the explanation of natural disaster with the Translational Criminological approach. The main question of this research is that, how can analyze natural disaster with using Translational Criminological approach, and provided guidelines for coping with these disaster and preventing them. In this regard, due to the nature of the data and the desired goals, it has been attempted to answer this question by carrying out qualitative research and using the theory of the basis. In addition, the method of data collection has been used in library and document sources. Accordingly, this approach seeks to provide the best response to any event by means of giving objectivity to available information and data by defining the three stages of risk assessment, decision-making and risk management. Regarding natural disasters, this criminal approach also involves collecting information and statistics on the possibility and probability of occurrence of hazards (risk assessment), explaining and defining the steps to respond to the incident that has occurred (decision making). Then, the presentation of strategies and guidelines for preventing risk reoccurrence, attempts to present operational solutions to reduce the risks of damage, prevent them from occurring, and explain the responsibilities of the executives and authorities.