The Position of the Principle of Compensation in the Balance of Minimum and Maximum Abolitionist Pursuit Process

Over the years, the main focus of countries’ criminal policy has been the prosecution and punishment of criminals in light of the increase in criminal titles, penal inflation, and the reckless density of the pursuit process in its general sense (from the beginning of the pursuit to the execution of the penalty), as a prominent example of the flaw in the criminal justice system. Scrutiny in the emergence of these problems reveals exaggerations in crime assumptions, excessive penalties, and disregard for other alternative pursuit processes, including civil mechanisms and compensation for damages, as the most important factors in the emergence of this issue. This article is written using an analytical-descriptive method.

To address these problems, we can provide a justified and legal way for justifying the pursuit-abolition in its maximum sense by considering titles such as institution-abolition and crime-abolition, by examining the foundations and various practical and theoretical thoughts with a look at abolitionist theories. Paying attention to the damages of the victim in all stages in the best possible way can have an impact on the maximum abolition of the pursuit process. Because, in all stages, the goal of the victim’s presence in the criminal process has been to compensate for their damages more than the punishment of the criminal. Based on this, the fundamental principle of damage in the penal system has a lot of importance in preserving the rights of the parties to the lawsuit, preventing the increase in criminal titles, and reducing the pursuit process, and ignoring it leads to the inefficiency of this system.