نشریه تمدن حقوقی
پیاپی 12 (پاییز 1401)

The Iranian legal system, with its contractual conflict, has proposed three solutions: "forced  Dissolution", "voluntary dissolution" and "suspension". The above-mentioned methods are not only undesirable in some cases, but also harm the contractors. For example, contractors in continuous contracts merely invest part of their capital in order for their goal to be realized. In such a situation, the belief in the dissolution or suspension of the contract leads to the non-receipt of such costs. To solve this problem in Iranian law, can the adjustment theory be invoked? Relying on descriptive-analytical method, the present article will answer this question while examining the concept and conditions of excuse as well as the types of adjustment in Iranian law. The results of this study indicate that it is possible to invoke the theory of moderation in the face of excuses; because the examination of the types of adjustment shows all types of which can be implemented.

The rights of the future generations are the rights by which the natural resources that have been inherited from the previous generation to the current generation are transferred to the next generation and are important topics and the basis of the restoration of intergenerational justice. From the international perspective, there are three examples for the concept of the rights of future generations: First, it is necessary for each generation to protect natural resources. Second, by exploiting natural resources, irreparable damage should not be done to it.  Third natural resources belongs to all generations and there is no reason to be attached to a particular generation. Worrying about the rights of future generations is the common pain of all humanity, and the indiscriminate use of natural resources by the current generation has caused concerns for future generations, and in this regard, international assemblies have considered it their duty to recognize the rights of the future generations and its protection has taken an important step that initially the concept of the rights of future generations entered international law with the ratification of the United Nations Charter in 1945 and then with the issuance of the Stockholm Declaration in 1972, which was addressed in binding and non-binding documents and accordingly Entered the internal laws of countries.

According to testimony Islamic scholars and other scholars of the human world, Islam has two political and religious (religious) aspects. The purpose of the Holy Prophet (Say hello to Him) without teaching religious and moral concepts, which is intended for the growth and exaltation of the soul and reaching the peak of happiness in this world and the hereafter considered; The formation of an inclusive government has been aimed at promoting justice. In the age of absence of Imam Asr (A.S.), there are two views regarding the religious government: Religious rule is appointed (God's right). Religious government is elective (the right of the people) and its sphere of authority is in accordance with the contract with the people. In this view, the people have the right to monitor the actions of the rulers. The wise have recognized this right for the people in the context of time, place and history, and it has been signed by the holy shari'a in Islamic culture and civilization. Political Islam has provided the Islamic ruler with the limits of activity that are bound by Shari'a and has accepted the important principle of overseeing the government in order to control the ruling apparatus. For the application of this principle and among all kinds of freedoms, what is closely related to the people's control over the government is freedom of expression and opinion. The most important purpose of this research is to prove that the right of the people to supervise the government does not belong to an innocent ruler, considering the short period of the rule of Imam Ali and using the words of that Imam. The research method of this research is library and related sources have been used.

Qasameh is a controversial jurisprudential institution in which many doubts have been made with the focus on common sense. This article intends to doubt with a jurisprudential view in this institution. In the Imamiyya sources regarding the Qasameh, its legislation has led to deterrence in some murders for which there is no evidence. First of all, First of all, the question is raised whether these explaining the cause of  giving in the narration are an expression of the full reason or incomplete and a kind of expression of wisdom?. Secondly, if the cause is perfect, has the cause been realized? In explaining the reason, there is a debate as to whether the purpose of legislation; is it mere deterrence, or is crime detection important? Total detection in murder, which is never achieved, but deterrence can be achieved through the new science of crime detection. If this deterrence could have been created by the new Science of Criminalistics, this serious debate and doubt could have arisen in the place of oath-taking legislation at the present time. If we still believe in the legislation of oath, we will at least achieve a redefinition of oaths and the formation of loth in the current situation. This article addresses these issues.

Looking at the philosophy of law, one of the main functions of law is to regulate social relations at every level, which individuals must harmonize with the laws and regulations of the subject. Therefore, those who violate these basic legal rules in any way must be held accountable at every level. In addition to this issue, we come to two-dimensional responsibility, that one dimension of which is the aspect of civil liability of some legal entities (such as governments) in the second place; Sometimes we have to obtain criminal enforcement guarantees for individuals (involved in the case); Why one of the basic principles of criminal law, whether domestic or international, is the need to be accountable for actions and behavior. In this research, according to the description presented with a descriptive-analytical approach, we are looking for a convincing answer to the question that some interactions formed contrary to the rules and order and international peace, which seriously endangers it, should not have reached a level in the world today that reached a level where it can hold such individuals, both real and legal, accountable for their actions, regardless of political issues, by identifying legal responsibilities be questioned?

During the last century, human society has been more involved in biological problems such as the conversion of fertile lands into deserts, floods due to lack or excessive rainfall, volcanoes, storms and earthquakes and etc which have led to the migration of the residents of these areas and the emergence of environmental refugees. The main challenge that we seek to examine in this study is the recognition of this type of asylum by international instruments and governments and the observance of the principle of Prohibition of repatriation of refugees to their country. In general, all asylum seekers have rights that the host country is required to respect. However, what was obtained from the results of the present research is that there are always deficiencies in international documents and assemblies in the direction of international protection of environmental asylum seekers, in the direction of non-restoration and other rights of them. In this regard, the design of an international convention to protect them could indicate a paradigm shift in the international human rights system and supportive frameworks aimed at ensuring a dignified human life.  Also, in the meantime, the participation and cooperation of governments in recognizing this type of refugees and their rights, supporting and implementing the principle of prohibition of repatriation in their case was neglected

Undoubtedly, man chooses according to his priority, man is bound to pay attention to the physical dimension and real needs, a wise person is the one who pays attention to all aspects of life. It is appropriate that a person's priority should be to achieve mundane happiness and happiness that belonging to the future world, not just to achieve carnal desires and benefit from material gifts. A priority that gives vitality and motivation to human beings and saves them from cruelty and emptiness, and guiding human beings to responsibility and piety in the right way. Given the dangers that prioritize material issues over achieving eternal misery, we can point to the dangers of this in society and individuals, and also address the issue of which of the financial problems and the weakness of faith and belief will lead us to this priority. The purpose of this descriptive-analytical study is to enumerate the causes of materialization and its dangers in legal professions and to reach a solution in the shadow of the monotheistic worldview to escape from this materialism.

Permission and its legal effects play an important role in the legal and social relations of individuals and make possession and possession without permission is prohibited and illegitimate, and also exceeding the limits of permission is not allowed and guarantees legal implementation. Permission, if it is related to public order, is one of the mandatory rules and is one of the rulings. However, if it is not related to public order, it is a right and its mutual agreement can be changed by contents, and even the owner can revoke the permit as well as the revocation of the permit. Therefore, the cases that determine the verdict or the right of a communication permit determine its non-connection with public order. In French law, permission is the authorization of another to perform an act without which the act of issuing an act is against the law, and in all cases the unilateral obligation and reference of the permission is achieved by the unilateral will of the authorizing person and in accordance with the general rules of contracts. In this country, cases and instances of permission are considered a right, unless they are related to public order and national security. In cases where the permit is considered a verdict, in fact, the permission giver is obliged to do so and can not be revoked and transferred. But where the permission is the right of the permission giver, he can revoke this right or transfer it to another person.

Computer and traditional fraud is one of the most common crimes in society. Despite the similarities in the names, the two have differences and similarities. Of course, this computer crime has other similarities and differences with the same crime in the traditional form (such as evidence and jurisdiction of courts); But in this article, as the title, only the similarities and differences of those crimes in terms of the actus reus have been explained. The main question of the research is what are the most important results that can be obtained from comparing these two crimes and examining the challenges between them? In the crime of computer fraud, unlike traditional fraud, taking advantage of one’s credulity and deception of the victim is not a condition for the realization of the crime. Also, in terms of result, the perpetrator's profit and harm to another is the similarity of these two crimes, but taking property in computer fraud (unlike traditional) is not part of the result in its actus reus, but part of the exclusive behavior in the second part of the physical behavior of this crime and subject It is a crime. The research method of this research is library and resources related to this subject have been used.

The legal regime of military weapons  equipment control refers to the legal stands of states and international organizations on manufacturing, trading, and utilizing weapons. These legal stands can be realized by reviewing the relevant international documents. All of the international documents on the military weapons equipment control seek the common goal of maintaining international peace and security by setting certain regulations to control the production, trade, and use of weapons. However, since there are various theoretical foundations for the military weapons equipment control, international documents differ in the solutions that they offer for this international problem. This study aims to address the views of these theoretical foundations regarding the production, trade, and use of weapons in addition to determining the conflicts in the approaches adopted by the UN and the WTO to the conventional military weapons equipment trade. For this purpose, the authors used a descriptive-analytical method and they also employed a comparison method in some cases. The general research results explained and criticized the existing theoretical foundations for the military weaponry control. The results also emphasized the admirable activity of the UN and the condemnable stand of the WTO with regard to the conventional military weapons equipment trade.

This research, with a macro view and based on the sociological method of knowledge, has sought to study childhood from the perspective of various sciences and sciences with a focus on philosophy and literature. In this regard, the researcher with the method of documentary analysis, first with a professional look at the study and selection of primary sources and then began to study and analyze. The results show that the view of philosophy on children and childhood is essentiality and the view of literature on children and childhood is completely constructive. Despite the differences in the approach of both areas, but both are criticized because the child is defined by adults .The philosopher, writer, producer of art and literature and etcetera with all their works based on the view of adults to Children from a powerful position. While philosophers and activists in the field of literature should note that children are not primordial or eternal beings, but are constructive and relative, and their relativity is not only based on the algebra of circumstances and context, but partly on the share of authority and action of children themselves. Childhood is not a stage of adulthood, but a definite and independent period.

The validity of the sealed order is of fundamental importance in all legal and criminal lawsuits, so that when a lawsuit is raised in the court of law and leads to the issuance of a final verdict, it cannot be re-heard. In other words, in relation to the decisions and actions issued by the courts, one of the main and most important rules that shows the value of a judicial decision is the issue of the validity of the sealed order. The sealed order seeks to declare any issue that has been proved or denied and determined definitively in the lawsuit or the next issue or issue as binding. The sealed criminal matter has an effect on the civil one, and regarding the relationship between the two, the rule of the validity of the criminal sentence is accepted only when its scope is limited. Therefore, proceeding in criminal law are absolute in the form of a type and the decision taken in it, which means that it does not have the relativity of civil proceeding, and once the matter has been dealt with, the matter cannot be dealt with again, even if the person changes. Since the discovery of the truth and the persuasion of the judge's conscience in the criminal matter has its own method, and on the other hand, the legal court issues a decision only based on own way the arguments of the parties and limited to the evidence, the definitive criminal decision is mandatory for the civil court. There must be limits and boundaries in the sealed legal and criminal matter. For achieving this goal, the final decision of the court has been given a special validity, according to which no authority can suspend the sentence or destroy it by issuing an opposite decision. Therefore, the using of sealed criminal and legal order should be function  to stipulated conditions.

Between 1998 to 2000, the autonomous province of Kosovo faced an armed conflict between the Kosovo liberation army and Serbian belligerents. Due to the issuance of the declaration of independence of Kosovo in 2008, an investigation took place regarding the behaviors of Kosovo liberation army members by the parliamentary assembly of the Council of Europe resulted in confirmed violent and humiliating behaviors by members of this group. In 2014, The European Union and the government of Kosovo reached an agreement on establishing a special tribunal regarding charges within the investigation report, and subsequently, the Kosovo specialist department & specialist prosecutor's office were established. From the perspective of historical evolution, International criminal tribunals divide into four generations, and the specialist branches of Kosovo is below international criminal tribunals. The importance of the position of global criminal justice in the process of international peace and security requires that this new and little-known court as an agent of global criminal justice be evaluated formally and substantively from the point of view of its structure, competences and judicial procedure, in order to strengthen its strengths and Let's consider the correction of weak points. What we obtained by studying relevant documents and practical precedent of the specialist branches of Kosovo are the failure to provide a precise definition of the crime of forced disappearance of persons and the slow activity of the specialist branches as weak points. At the same time, it should be mentioned the necessity of judges' skill in criminal law as a criterion for tenure and great accuracy and attention to related details in drafting the judgment as strengths.

One of the most important ways to find out what the investigating judge or trial judge is facing is to use the information of people who are aware of the criminal process. By attending the crime scene or at the prosecutor's office, the investigating judge obtains information from people who have witnessed the crime or otherwise have information in this regard, and examines the various dimensions of the case. In the meantime, for various reasons, such as self-interest or even fear of the judicial authority, the informed person may provide false information to the judicial authority. Although this title alone is not criminalized in the Islamic Penal Code, disrupting the judicial process is considered one of the crimes against judicial justice, which can naturally be punished and punishable. In the present article, the above issue has been studied using analytical-descriptive method and its various dimensions have been explained. Finally, it is concluded that providing false information to the judicial authority is a act in order to the deviation of proceedings and naturally, this act is criminal and deserves punishment.

The use of chemical weapons has a special place among the crimes of Saddam Hussein's regime due to the extensive damage it caused to the victims. The relentless and repeated use of chemical weapons by the Baath regime in the 1980s is an international crime that will never be wiped out from the memory of history. There are still many chemical victims who are struggling with death as a result of the crimes committed by the Baath regime. In this regard, we should never neglect the actions of governments and individuals who have played a role in the chemical weapons of the Baath regime. In addition, it should not be forgotten that there is a close relationship between the aggressive act of the Baath regime in the military attack to The Islamic Republic of Iran and the use of chemical weapons by this regime. In fact, the lack of proper reaction of the Security Council to the Baath regime's military aggression against the Islamic Republic of Iran has played an undeniable role in persuading other individuals and governments to chemically equip this regime and incite it to use such deadly weapons. According to international conventions and customs, there is no doubt about the prohibition of the use of chemical weapons in the 1980s.For this purpose, either it must be proven that the private company was trying to exercise government authority or it must be proven that the company has acted under the control and by the order of the relevant. In addition to these cases, the commitment of governments to guarantee human rights rules makes governments responsible for the actions of private companies.

The phenomenon of prostitution is one of the issues that, despite a history as old as humanity, is still raised as one of the problems of human societies at the level of the international system, and Iran is not an exception to this general rule. According to the ideological approach of the governing and political system in Iran, this social harm is in the center of attention and is considered an anti-value matter and therefore against the law. The spread of criminological and sociological harms such as the brokering phenomenon called "Khaleh" and the inverted presentation of the Sharia laws of "temporary concubine" in the direction of economic and financial exchange as a Sharia and legal cover for the non-codified industry of prostitution formed in Iran in the form of cyberspace and Some other injuries are the bad effects of this case In this article, we are looking for the question that what are the most important sociological and criminological factors that cause the spread of the sinister phenomenon of prostitution in societies? With a descriptive and at the same time analytical approach, using the method of collecting information in the form of documents, we are seeking to find a suitable answer for this question. The findings show that the phenomenon of prostitution, which is equivalent to the rule of "famous adultery" from the point of view of religious teachings and Islamic criminology, especially in Iran, is getting closer to the border of pandemic.

The police is a security-disciplinary organization commissioned to the crime prevention in all the countries, including Iran. In the position of duties, the police performs actions that are directly or indirectly effective in preventing crimes. Accordingly, in this research has been conducted based on a descriptive-analytical method and uses library resources to investigate the interaction between the police and the crime-prevention institutions. This research paper explores Article 156 of the constitution and the experts' and jurists’ perspectives in this regard. Then, the police’s crime prevention strategies, including society-oriented strategies, problem-solving strategies, zero flexibility strategies, crime-prone hours and spots monitoring strategies and information and communication technology application strategies, will be examined concerning crime prevention. The investigations have shown that the police should consider the preventive considerations and observance of human rights regulations. Because this Institution, where it seeks to educate the basic values and norms of the society to the citizens, should observe it more than any other institution. The creation of the citizens-assisting counseling committees in the police and constabulary offices along the cities or neighborhoods can contribute to the resolution of the issues stemming from the criminality by such interventions as criminality curbing and locality-centered prevention so that the police can be helped in its prevention or monitoring of the criminality in cooperation with such other institutions as family and society.

The right to life is recognized as a fundamental child's right in international law and domestic laws that in order to exercise this right in the direction of the growth and development of the child's personality, other requirements are necessary to promote the physical, spiritual and social integrity, Like the right to have a name, identity and nationality are important. This research deals with the challenges of the rights of migrant and refugee children who are forced to migrate alone or with their family members due to violence, civil war, poverty, unfavorable economic conditions and other factors. The current research aims to realize the human rights of all children involved in international migration (whether with parents and guardians or unaccompanied and abandoned), regardless of the immigration or residence status of the child or her/his parents Therefore, by studying the library and using first-hand and second-hand sources of law and focusing on the Convention on the Rights of the Child (and other international documents) and the obligations of the member states in protecting the rights of children in the field of international migration, in a descriptive and analytical way, the internal laws and policies of the countries in In order to ensure full compliance with the obligations stipulated in the convention, it has been examined. This research aims to explain the types of support and express the legal and political requirements and requirements of immigration by examining the Convention on the Rights of the Child and by explaining the laws and regulations of the Islamic Republic of Iran, the scope of protective and protective considerations in the direction of the flourishing growth and development of future generations, especially in check immigrant children..

Real competency is one of the four competencies that are discussed in criminal law, that is, if someone commits crimes against the real and vital interests of the country outside the country, he /she is under real competency. It is an emerging issue and has no precedent in Islam. Jurists have not discussed it in jurisprudence books, but in the verses of the Qur'an and the way of the wise and the Shari'a, there are cases that justifying the real competency. This research aims to answer these questions: Is it possible to infer the legitimacy of real competence from verbal evidence such as books and traditions? Can the ruler of Sharia, based on the interests of Islam, establish laws for crimes committed by foreigners abroad? The current research is done in a descriptive-analytical way, and the opinion is that the exercise of real competency is not only not prohibited from the point of view of Sharia, but it is emphasized and approved by the Holy Sharia of Islam, and Muslims are obligated according to their religious duties against any actions that cause the foundation of Islamic sovereignty to be shaken and harm the supreme and vital interests of the country to fight, which is one of those crimes under real competency that endangers the foundation and reality of a country.

Covid-19 virus has made an impact on virtually every aspect of our lives. The current study utilizes secondary data to identify patterns and trends related to shifting crime from the physical to the cyber domain  thatfor finding new ways to commit crimes. Research findings show that while many crimes such as theft, rape and murder have decreased at the beginning of the pandemic, we have seen an increase in cyber crimes, vehicle theft and domestic violence. The current study looks specifically at phishing and what new trends are observed due to Covid-19. The current research based on routine activity theory and shows its connection with physical space and cyberspace. The implications of our work can be used by scholars who want to continue researching this new phenomenon. Developing new phishing training and awareness programs should be focused around possible scenarios involving COVID-19. Studies show that victims are more likely to fall prey to them during times of fear and uncertainty such as the current pandemic.

Fear of crime has always been considered as a category at the first level of criminological research in England. In this article, which is written with a descriptive and analytical approach and with the aim of investigating the mechanisms used to detect crimes and maintain the internal and international security of the United Kingdom, it seeks to answer the main question whether there are coherent mechanisms for this purpose in the law of England. What is the position of the responsible organizations and how to apply the laws to detecting crimes in this country? The efforts of the authorities in this country to control crime and also to increase the sense of security in the society is exemplary. Regardless of the police and judicial system, the extensive information systems in this country play a prominent role in detecting and controlling crimes. The relevant organizations in this country are made up of two main parts, the first category is the organizations that are somehow under the supervision of the government, such as MI5, MI6, GCHQ and the police organization of this country, and the second category is The title of independent institutions can be identified, such as the Intelligence and Security Service of the Parliament or the SOCA organization and its replacements, which are fully connected with the first category organizations.

The principle of judicial independence is mainly defined in such a way that the judiciary and judges declare their votes freely and independently from outside influence and influences and issue judgments based on the law and reality; Observance of the principle of independence of judges in international documents and the Constitution of Iran in the judicial system is specified by the judicial system as a Citizens' complaint authority against violations that threaten their rights. The independence of the judiciary is the main condition for the correct performance of the duties of the judges and not deviating from the method of fair proceedings. The basic condition for achieving judicial independence is the independence of the judiciary from other government institutions, observing the principle of separation of powers. Now, we will explain the concept of independence, the individual independence of judges and the structural independence of the judiciary, and examine the status of independence in international documents and the legal system of Iran. In this article, according to the nature of the subject, with analytical-descriptive method, an attempt has been made to examine the status of this principle in Iran's legal system by looking at international documents and Islamic religion, and to the questions in this regard, including what is the concept of independence, Jurisprudence, foundations and scope of this principle should be answered.

Intellectual property is a new concept that supports intellectual activities and products in commercial, scientific, literary and artistic fields and includes two parts: industrial property and literary and artistic property. From the distant past until now, many inventions and ideas have been created and their creators have always looked for ways to support hackers in order to prevent their works from being stolen, and sometimes some innovators and inventors have given up announcing them and kept them secret in order to prevent their works from being stolen. In their internal laws, they made a change in the formulation of new laws in this regard, and after that, at the global level, governments concluded international treaties and agreements, and this need was so obvious that the World Intellectual Property Organization was formed and protective laws in this context was established to support the rights of inventors and innovators. In today's world, the achievement of new technologies and knowledge-based economy is considered one of the indicators of the development and progress of nations, and to create motivation among researchers and inventors and research and development units, one of the useful solutions is to create a support system in the form of inventions and the country, by creating exclusive rights for inventions and innovations, tries to make the costs of research and development units come back to the owner of the idea. This picture has been written analytically and descriptively in order to achieve the desired result.

Undoubtedly, some of the problems that we see in society today and are plaguing the people depends on several factors that mismanagement can play a very key and strategic role in creating the status quo. Managers who have no expertise and plan the necessary details are taken up by various sensitive positions, which sometimes make decisions whose costs and harmful effects go directly to the people for years, and have a direct impact on people's lives. Looking at the model of government in the Islamic system and even new models that go back to development such as good governance, some governing administrations do not read any of these features of the Islamic and Western model because such people after their current term of office to be accountable for their performance at any level, in this article, with a descriptive-analytical approach, we find the appropriate answer to the question that there is a possibility of criminalization (civil liability of the managers) after verifying negligence and fault by taking advantage of the guarantee of criminal execution embedded in the law of strategic action, is there a cancellation of sanctions or not?

Basically, Multiplicity of crimes are committed by criminals who have a dangerous state. As a result, it is necessary to examine this issue in a special way. In Iran's penal system, the subject of multiplicity of crimes (especially material multiplicity) has faced many changes to the extent that the legislator has given a new form to these issues by approving the Islamic Penal Law approved in 2013 and then in the Law on Reducing the Punishment of Imprisonment, approved in 2019. These noticeable changes have faced the writers with a challenging problem; The question that exists is that the material multiplicity of crime (Hodood, Retaliation and Diat) from the perspective of Iranian jurisprudence and criminal laws includes what branches and topics? According to the jurisprudential background, the issues of interference and non-interference of causes and the viewpoints of Khamsa religions can be proposed and evaluated in this field. From the point of view of Iranian criminal law, cases such as Article 132 of the Islamic Penal Code and the exceptions listed in its notes are among the main topics of this issue that have been examined in this article. This research is written in a descriptive-analytical way in a library style.

The Governance system of Islam in the intellectual system of martyr Beheshti is Ummat and Imāmat (Nation and Leadership) System that the nation of Iran led by imam Khomeini (pbuh) took steps to govern this political system. Therefore it was necessary to explain the position of the leadership and the role of the people in the establishment an administration of the political system in the constitution as the most important official document in the country. In this regard, martyr beheshti as deputy chairman of the Assembly of Experts for Constitution has a prominent role in approving the principles of leadership and The role of the people in running the government & continuity of the Islamic government. The main question of this article is that what are the thoughts of martyr beheshti as one of the most important intellectual leaders of Islamic revolution about the role of people in the establishment and administration of Islamic government by relying on the principles of the constitution of the Islamic republic of Iran. In this research and present study, it has been tried to answer this question with the documentary- library method and with an analytical view. The results of this study show that martyr Beheshti believes the system that based on the authority of the Wialīi Faqīh (Islamic jurist) is the best form of government in the age of absence. In his opinion, this type of system has three characteristics: Compliance with the school of Islam, Being popular and is not imposed to people and accordingly choosing the kind of government, selection of constitution, selection of all government officials from the leadership, presidency, representatives of the Islamic Parliament and members of the Islamic councils should be based on the opinion of the people because people have an important role in the Islamic Republic of Iran.

After the system based on correction and treatment and the failure of the prison project, the second generation of punishment came into being, which was introduced as the system of restorative justice but in recent years, the third generation of punishment called participatory  justice has been discussed and accepted in legal meetings and doctrine, but with the clarification of the policy of restorative and participatory justice, the speed of desire towards it has become greater and more successful and in the Code of Criminal Procedure adopted in 2013, in several articles the discussion of mediation and resolving the chapter of lawsuits has been mentioned, And this point of view is even mentioned in the Islamic Penal Code approved in 2013 under different headings, which can be referred to as alternative punishment of imprisonment and semi-liberty system. Because the involvement of victims and offenders in criminal matters will be a kind of participation in punishment and participation of the rehabilitation of the offender and return of the third side of the criminal justice system to society. In general expression when the legislator uses the title  and the word “Can” it means that it wants to expand the participation, which has become more detailed in the law on reducing prison sentences.