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The Causes of The Ineffectiveness of the Two Institutions of Abandonment of Prosecution and Alternative Punishments in Line with the Implementation of Restorative Justice Policies in Iran's Criminal Law
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Masoud Ghorbani Kandsari1   , Mahdi Mohammadian Amiri2 , Hamidreza Saifi Far3 |
1- PhD Student, Department of Jurisprudence and Fundamentals of Law, Semnan Branch, Islamic Azad University, Semnan, Iran.
2- Assistant Professor, Department of Jurisprudence and Fundamentals of Law, Babol Branch, Islamic Azad University, Babol, Iran. (Corresponding Author)
3- M.A Student, Professor, Department of Criminal Law and Criminology, University of Shahid Beheshti, Tehran, Iran. |
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Abstract: (1708 Views) |
Background and Aim: Restorative justice, which is an informal form of reaction against criminal action, by putting together the main shareholders of the crime, namely the criminal, the victim, and the community is trying to provide an appropriate response to this criminal act which is in the interest of the three parties. Iran's legislators have taken steps in line with restorative justice policies. The two institutions abandonment of prosecution and alternative punishments that the legislator has used as tools to achieve the goals of restorative justice policies face difficulties and have not been as successful as they should have been.
Materials and Methods: This is a descriptive study.
Ethical Considerations: All ethical principles governing research have been observed in the presentation of this article.
Findings and Conclusion: In the case of abandonment of the prosecution, the legislator, by not paying attention to the accused's consent or at least not paying attention to the right to protest for the defendant, has violated the rights of the accused in various cases and in fact, by placing the fate of the case at the discretion of the plaintiff for one year and not paying attention to the defendant, he has created a legal abuse. In the case of alternatives to incarceration, they have very little frequency. Since in many cases judges are free to exercise this institution and do not use alternatives to imprisonment for some reason, these institutions are almost deserted.
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| Keywords: Restorative Justice, Criminal, Crime, Alternative Punishments. |
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Full-Text [PDF 683 kb]
(329 Downloads)
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Type of Study: Applicable |
Subject:
Special
Received: 2022/12/6 | Revised: 2024/02/8 | Accepted: 2023/03/16 | Published: 2023/03/21
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Ghorbani Kandsari M, Mohammadian Amiri M, Saifi Far H. The Causes of The Ineffectiveness of the Two Institutions of Abandonment of Prosecution and Alternative Punishments in Line with the Implementation of Restorative Justice Policies in Iran's Criminal Law. ILR 2023; 4 (1) :1-7 URL: http://ilrjournal.ir/article-1-215-en.html
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