Legislative Capacities of the Application of Restorative Justice Programs in Children’s Cyberspace/Cybercrimes Victimization

The cyberspace as well as specific features of cybercrime have led to the unaccountability of the administration of conventional criminal justice in dealing with children’s cybercrime victimization. Therefore, criminal justice system has to adapt itself to these changes, practices and goals. Due to the different capabilities such as increased satisfaction of victims, reduction of the second victimization and the development of judicial justice, restorative justice pattern which has been already considered as one of the achievements of modern criminal law is recognized as an inclusive approach to criminal justice systems. This study aims to explain the legislative capacity of restorative justice programs in order to face with the children’s cybercrimes victimization as well as to respond the main question of the research that how much the strategies of restorative justice can be consistent with the children’s cybercrimes victimization. Analytical and descriptive method has been used to explain the functions of restorative justice within the framework of surveying the application of these teachings when facing with children’s cybercrimes victimization as well as to provide solutions to remove the available gaps, particularly, in the Iranian legal system. Findings of the study show that restorative justice strategies which have a victim-centered approach have prioritized (cyberspace) victimized children’s interests and demands firstly through balancing concerns of victimized children as well as criminalizing children and local community. Then, the application of this process at any time and stage of criminal investigation can pave the way for low-cost, flexible and timely accessibility of criminal justice for victimized children and their families as well as it can provide a way for achieving victimized children’s demands.