Assessing the Judiciary's Approach to Applying New Arbitrary Institutions (Case Study : Criminal Courts of Kurdistan Province)

With the adoption of the Islamic Penal Code in 1392, new arbitrary institutions have been introduced to the criminal justice system of Iran. These are the charter with a leniency approach to help the wrongdoer's reconciliation. An important issue is adoption of judicial culture the new arbitrary institutions. The aim of this study was to evaluate the judges' approach to new arbitrary institutions using a qualitative and descriptive-comparative method.The research method used is scaling this research is based on the purpose and nature of the subject matter, the type of applied research, the terms of the field of social research, descriptive research, and the method of writing and addressing the problem is "analytical descriptive." This research is applied in terms of its type and in terms of scale and periodicity. The statistical population in this research is the first and revision sectors of Kurdistan province in the first half of 1396, which has been selected using the available sampling method of 440 votes in the sample size of 4400 votes, resulting in definitive conviction in 2,200 cases of the mentioned branches. Research findings based on Statistics show that judges still tend to apply ' traditional leniency institutions " that seems to factors such as data integration, the lack of familiarity of the criminal with new institutions and Criminal populist approacheshas caused the " leniency institutions" be the new judges less attention.