قضازدایی

In the criminal policy discourse about children and adolescents in our country, the adoption of a different criminal policy different from that of adults has been considered. However, the main influence of thinking of differential criminal policy for children and adolescents leads to cases such as the formation of a court and a special court for children and adolescents, the appealability of decisions and decisions of the court of children and adolescents, the filing of personality files, the appointment of a guardian ad litem and the mandatory presence of a consultant. and such cases. Article 31 of the Criminal Procedure Law approved in 2012 foresees the formation of a special police for children and adolescents, and its duties and powers are subject to the law. Article 29 of the Special Police Bill for Children and Adolescents introduces non-judicial methods of dealing with cases of violations of criminal laws by children and adolescents, family meeting and mediation. The research method of this article is qualitative and with a descriptive and analytical approach. Articles, books and websites can also be used as information gathering tools. The results of this article indicate the lack of provision of the necessary infrastructure for the fruitfulness and effectiveness of these methods and the lack of attention to other non-judicial methods common in leading countries in this field, such as sentencing in circles or circles and victim-offender meetings.

Dispute Resolution out of Courts is Observed in Many of Legal Systems. In Family Cases, Which Concern With Public Order, is more Important. The present research has described and analyzed the Effects of the implementation of the decriminalization policy on the family in a qualitative manner, relying on library documents and also using jurisprudential sources and Statutes. This research seeks to answer the question, what are the methods of decriminalization in family lawsuits? And what are the institutions of judicial decriminalization resulting from judicial policies in the country's legal system? The findings of this research showed that the application of this policy by using the solutions of criminal mediation, forgiveness and condoning and cooperation with jurisprudential history in relation to family crimes. It can lead to a reduction in the volume of cases, a reduction in criminal statistics, a reduction in the government's financial burden, as well as a balance between the principle of justice and non-judgment, and finally, an increase in public confidence in the judiciary and, in parallel, the strength of the family.

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.

With the passing of the law on reducing the punishment of imprisonment, the method of punishment and the type of punishment in the penal system were accompanied by changes, and in line with the process of decriminalization, the legislators predicted and implemented changes in the regulations and examples of conversion and mitigation of punishment, as well as changes in the scope of punishable crimes. and the regulations related to the multiplicity and repetition, the result of this law has been sought in reducing the punishment, with this description, the main purpose of this article is to specify what means and in what way the legislator used in order to decriminalize in the dynamism of the criminal justice system based on the law The punishment of penal servitude approved in 2019 has been reduced.

The research method is practical in terms of purpose and is based on descriptive-analytical nature.

According to the teachings of criminology in dynamizing the criminal justice system with the tools of decriminalization and legislative decriminalization, as one of the arms of decriminalization, positive steps such as expanding the range of crimes that can be dismissed and crimes that can be suspended and prosecuted, as well as changes in the regulations Regarding the frequency and repetition, he predicted that these changes were directly effective in increasing the functioning of judicial mechanisms; Nevertheless, among the negative points of legislative decriminalization, we can point out the disproportionate reduction of punishment degrees, regardless of the type and list of crimes in Iran, which has the opposite result of decriminalization.

The Law on Reducing Ta'ziri Imprisonment Penalties reduced Ta'ziri punishments by relying on these fraternal institutions; A measure that at first glance seems to be the most effective way to reduce the punishment of imprisonment and deprisonment, but due to the irregular reduction of punishment degrees, it has caused the loss of the value of the guarantee of criminal executions regardless of the bases of crimes in the society, as well as the approach of decriminalization and decriminalization. Legislation has caused the judicial system to pay more attention to the degree of punishment and jurisdiction of the judicial authority than to focus on judicial decriminalization, and the effect of decriminalization, which will be the removal of hostility outside the official path and the reduction of cases, has been practically neglected.

Nowadays, the prevention of lawsuits and legal security is an inevitable necessity and it is the duty of all government bodies to prevent lawsuits by knowing the society and the harms it faces. Therefore, guaranteeing legal security and preventing lawsuits are the most important legal issues in any country. The experiences of successful legal systems in this field emphasize the effective role of notaries in decriminalization and reducing the volume of incoming legal cases to the courts of justice. So that the governments have witnessed changes in the order of the society by carefully planning and entrusting some tasks to the offices. The purpose of this research was to investigate the role of notary public offices in Iran in guaranteeing legal security and preventing lawsuits, which was analyzed by adopting a descriptive-analytical approach with the method of collecting information in a library form, and these results were obtained. Public notary offices, by establishing the ownership of citizens on their property and assets and formalizing contracts and obligations, electronic registration of documents (instant registration) prevent conflict transactions and the formation of crimes such as fraud and transfer of other's property (in the case of a fraudster) and This issue plays a role in ensuring legal security. Also, notary offices play a critical role in preventing groundless legal disputes and the process of decriminalization and legal withdrawal, and reducing people's referrals to courts of law and ultimately crime prevention.

Given the expansion of the role of the state in society and the consequent increase in relations and disputes between the governed and the government, leaving the resolution of all these disputes to the judiciary is neither possible nor desirable. Accordingly, the design of internal organizational mechanisms to expedite the resolution of administrative disputes under the title of "Administrative pre-trial" as one of the alternative methods of resolving these disputes, has been considered by policy makers of various legal systems; However, the idea is still controversial in some countries. Given the practical experiences of the French and British legal systems, the present article seeks to answer the question by a descriptive-analytical method to what extent the prediction of the preschool institution is compatible with the requirements of the Iranian administrative law system? Separating the Administrative pre-trial body from the quasi-judicial and judicial oversight bodies, it seems that the interpretation of the will of the founding power on the one hand and the provisions of important laws such as the law of permanent provisions of the country's development plans and the law of the Sixth Development Plan and Existence The existing Administrative pre-litigation mechanisms in some executive bodies all confirm that not only is pre-litigation legally possible, but also its recognition in order to reduce the volume of cases before the Administrative Court of Justice, at least in the case of some important and recurring cases. its necessary.

 Investigations show that the government has long sought to de-judge and internalize the method of quick, specialized, legal and cost-free resolution of disputes of a non-judicial nature between the executive bodies under its management and the internal mechanisms of the executive branch within the framework of Article 134 and in compliance with Article 159 of the Constitution and this policy was implemented in the form of approvals of the Council of Ministers and by drafting regulations on how to resolve disputes between executive bodies by the governors and the legal assistant of the president and including the prohibition of paying government funds to raise disputes between ministries and government institutions in judicial proceedings. The country's annual budget has been followed and implemented. However, due to the lack of legal infrastructures and the lack of planning for coherent administrative and executive structures in the governorates, no significant results have been achieved. Therefore, in this research, which is organized in a descriptive-analytical and library method, while identifying the obstacles, strengths and weaknesses, ambiguity, silence, contradiction and conflict in the existing laws and regulations, we have tried to find solutions to empower, modify and revise the process. We present the law for resolving disputes between the executive bodies and the internal mechanisms of the executive branch.

Decriminalization in petty crimes is one of the important issues of criminal law that is a subject of debate and opinion. The purpose of this article is to examine the challenges and solutions of decriminalization in petty crimes.
This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.
The findings indicate that in Iran's criminal law, no special approach has been taken to decriminalize petty crimes. Conflict in legislation, multiplicity and plurality of legislative authorities, weakness of expertise and specialization, individualism and application of personal preferences and traditional approach in criminal legislation of extreme criminalization are among the important challenges to the decriminalization of petty crimes in Iran. Reforming the structure of the country's judicial system, revising the amendment of laws and regulations, and implementing decriminalization in different ways are among the most important methods of decriminalization in petty crimes
Decriminalization of petty crimes plays an important role in reducing the volume of incoming cases to judicial authorities. It is necessary for the legislator to adopt a suitable approach in this regard.

The bulk of criminal cases and the increase in the criminal and prison population is a fundamental and necessary issue in the criminal justice system, and it has negative social, political, economic, etc. consequences. In order to solve this problem, lawyers have suggested changing the path of less important cases from the path of criminal justice. This research was done with analytical-descriptive method and using library tools. The purpose of this article is to answer the question of what is the position of decriminalization in the criminal policy of Islam and Afghanistan. By following the jurisprudence and criminal law sources of Afghanistan, the conclusion is reached that in the criminal policy of Islam, in the stage of discovery, prosecution of the crime, sentencing and its execution, due to the legislator's importance to the principle of innocence and the emphasis on the forgiveness of the plaintiff, ignoring petty crime, rehabilitation, judgment, etc. have a special place. In the criminal law of Afghanistan, factors such as the passage of time, conditional release, suspension of the execution of the sentence, etc. prevent the criminal case from entering the formal investigation stage and even cause it to leave the judicial process. These mechanisms show the importance of decriminalization in Afghanistan's criminal policy.

According to paragraph 12 of the general policies of the administrative system based on attention to effectiveness and efficiency in administrative processes and methods, with the aim of decriminalizing and reducing the referrals of executive bodies to judicial authorities for quick and free resolution of disputes between executive bodies, both national and provincial, in accordance with Article 134 The Constitution, based on the regulations on how to resolve disputes, the laws and regulations of the country's annual budget, the laws of the fourth and fifth development programs of the country, and the law regulating part of the government's financial regulations. In 2016, the Council of Ministers approved the regulations on how to resolve disputes between executive bodies. According to Article 3 of this regulation, disputes between the provincial institutions that are not resolved by the heads of the aforementioned institutions by using their legal powers, will be referred to the governor to be decided within the limits of his legal powers and the solutions provided in the laws. The main question in this research is what is the role of the governor in the process of resolving disputes between executive bodies? According to existing regulations in cases where the resolution of these disputes requires the decision of the Board of Ministers, the issue will be reflected by the Governor along with the documented and substantiated theory of the Governor to the Legal Vice President and with the proposal of the said Vice President along with the legal theory.

Following the failure of the official criminal justice system in the fight against crime, in the late 20th century, a new movement called "minimization of criminal law" in the form of decriminalization, decriminalization and decriminalization mechanisms, especially against minor crimes and criminals Non-dangerous was formed in the minds of thinkers and legislators as a suitable solution for crime management through the participation of people and informal institutions in order to eliminate or reduce the adverse effects caused by criminal inflation, increase the social acceptability of the criminal justice system and facilitate the process of criminal rehabilitation and creation of social justice. The findings indicate that the policy of reducing recourse to the criminal justice system is concerned with the teachings of Islamic jurisprudence, including the verses of the Holy Qur'an, traditions and views of Imamiye jurists in the form of the court ruler relying on various jurisprudential principles and the rules in the process of hearing and issuing judgments, and also the execution of the punishment. Also, by approving the laws of Islamic punishment approved in 1392 and the code of criminal procedure approved in 1392 with subsequent amendments and additions and the law on reducing the prison sentence approved in 1399 through the provision of various measures of decriminalization and decriminalization, the Iranian legislature has shown its true will to join this movement and has implemented the form of institutions, especially decriminalization and decriminalization.

Accusation is one of the well-known approaches in the field of criminal law, which was first introduced in the United States and then has found a special place in the legal system. The purpose of the present study is to investigate the role of the charge transaction in the criminal law of Iran and the United States and its effect on adjudication, which is also pursued from a jurisprudential perspective.

The method of this study is descriptive-analytical and citing articles, books and related documents in the field of criminal and judicial law.

Proponents of the deal see the charge as a way to prosecute and reduce crime, while opponents see the consequences, including coercion, conviction of innocents, and lack of guarantees from offenders.

 

The present study has been written while preserving the rights of authors and observing the principles of writing ethics.

The lack of comprehensive laws in this area in the United States has led to challenges such as the conviction of innocents. But in the Iranian penal system, the existence of restorative justice capacities is a good opportunity to recognize the charge. Therefore, the prediction of this institution in the Iranian penal system, in addition to reducing the volume of cases and court costs, causes embarrassment to the defendant.

Today, the concentration of judicial cases in the courts of justice is considered as one of the main challenges in our country's judicial system. This has led to delays in the trial, delays in the realization of the right and the failure of a fair trial. For many years, the judicial systems of the countries of the world, by establishing and using the historical, cultural, religious, traditions and customs of their society, have faced the challenge of facing this challenge and reducing the entry of judicial cases. In the contemporary world of law, judicialization of principles And it is considered the important policies of legal systems, and each country, depending on the system of governance, law, culture, customs and beliefs of its society, have established institutions outside the judiciary and alternative methods of resolving disputes in this regard. These organizations can resolve non-profit affairs and trivial and simple lawsuits of individuals and ultimately accelerate the realization of rights easily, cheaply and therefore more fairly, and most importantly reduce the burden on the judiciary and reduce the density of incoming cases. To be brought to justice. For almost two decades, in the Iranian legal system, the Dispute Resolution Council has been established as a quasi-judicial authority in order to judicialize and reduce the number of cases before the courts, and according to statistics, has played a positive role in the judiciary.The judiciary can take advantage of alternative methods (mediation, arbitration) to achieve and promote compromise by submitting a bill to amend the law of the council and change its jurisdiction to consider and issue a ruling on peace and compromise and increase the quorum of compromise jurisdiction of this institution, while focusing.The removal of the courts of justice will lead to the realization of judicial elimination in the Iranian legal system.

In the last two decades, the influx of cases into the judicatories and courts has become one of the serious problems of the judiciary, so that this problem has caused lengthy proceedings, reduced the accuracy of judges in issuing verdicts, burnout and fatigue of judges from the high volume of cases. And in general, it has reduced the efficiency of the judiciary. This has led the judiciary to seek a solution to this problem from the very beginning, and one of these measures to reduce the number of cases to the courts was to establish a dispute resolution council. Although the formation of this institution was necessary and useful, the focus on reducing the number of cases and absolute statistics caused the councils to move away from their philosophy of existence, which was to correct the essence of the conflict and the chapter of hostility through compromise. Therefore, in this study, we have tried to deal with the effect of statistics on the performance of dispute resolution councils with an analytical method. Also, in this article, the information obtained from the statistics of the dispute resolution councils of Markazi province has been used as a statistical sample. Studies have shown that the increasing number of cases in the judiciary contains a worrying reality and should be addressed through fundamental solutions such as strengthening the principles of prevention

Although going to court is one of the most common methods of resolving disputes, it is not necessarily the best method, and in some cases, although the case is assigned to a lawsuit, it does not resolve the dispute. Hence, alternative dispute resolution methods have become more common today, including mediation. Accordingly, in the amendments to the Code of Criminal Procedure of Iran, we see the possibility of resolving some criminal disputes with conditions through mediation. Based on this, we examine the place of resolving criminal disputes in the Iranian legal system? And does the Code of Criminal Procedure have the necessary capacity to resolve criminal disputes? On this basis, it can be said that although Iranian law has accepted criminal mediation, its scope is limited to 6th to 8th degree criminal offenses, provided that their punishment can be suspended, and there are some restrictions in the referral and enforcement process. In addition, according to the goals of mediation, in the amendments to the law, it is possible to resolve disputes through mediation in all stages of criminal proceedings and even after the trial and during the execution of the sentence.

A purposeful and targeted criminal policy does not think only about criminalization and exercising the punishment, but it seeks to make optimal use of criminal institutions in order to correct, treat, and socialize the criminals. Forgiveness is one of the institutions used to prevent from the consequences of criminological labels and to provide the criminals with opportunity to repent and return to the honorable social life. Repentance is not only a relationship between the individual and Allah, but is an institution with a special place in the criminal policy of Islam which has been focused in many verses of the Quran. Although forgiveness is not applicable for all kinds of crimes and criminals, generally it can be said that this criminal policy has been accepted in Islam for the minor crimes and about blue-collar criminals and the public, ordinary people, whose behavior is considered to be a mistake and disorder. This policy is not recommended for important crimes and white-collar criminals.

Benefiting from alternative measures in the criminal proceedings is something that can be used and effective in different stages of the trial and even before it. These measures are very important for certain groups, such as children and adolescents, because they are in the age range that their inclusion in the criminal justice and judicial system can have many negative effects on their individual and social personality. To this end, the benefit of alternative measures for them is included in the laws of many countries, which can provide rehabilitation and prevent the recurrence of crime. In the meantime, the juvenile police, with interactive actions as officers and the first group in contact with the delinquent child, play a key role that requires giving them broad powers to take alternative action. These measures include a wide range of activities, the most important of which are the use of non-criminal intervention, family meetings, support services, official warnings, and the use of the interactive police authority in the rehabilitation of the offender so that he can Correct understanding of your wrong behavior and accepting responsibility for the behavior you committed.

Criminal Mediation in Iranian Law and Imamiyah JurisprudenceAbstractSince the formation of the public justice, the government as the institution responsive to the criminal acts has used formal authoritarian policies. But by the formation of civil society and its effects on criminal law and criminology, this approach has faced with philosophical post-modern criticisms regarding its costs and effectiveness. Meanwhile, realistic managing and economic attitude has resulted in returning to the informal solutions for the disputes while ignoring governing role of the governments and outsourcing some of the duties and authorities all of which characterized by dejudicialization.Adopted approach by the Code of Criminal Procedure 2014 can be considered as the starting point for it to be structured in Iranian criminal law which aside from legal common basics it has also jurisprudential bases.The present research analyzes informal solutions - criminal mediation, in particular - of law as a known and frequently used method and covers its weak points by providing justifications or logical basics. The results of the analyses showed that despite the application of these solutions regarding minor offences (offences of 6, 7, 8 degrees) there is a deep gap to consensual justice to be realized. Nevertheless, the examples of legal reforms are as the indications of policy making for the consensualization of legal procedure and recognition of the basics and logic of informal solutions for solving criminal disputes which can be a starting point for extending the mechanisms of dejudicialization to the offences of higher degrees or non-criminal offences.