Relying on the new ideology of restorative justice, mediation tries to resolve the active participatory contexts for the rehabilitation of the offender and the healing of the victim ...
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Relying on the new ideology of restorative justice, mediation tries to resolve the active participatory contexts for the rehabilitation of the offender and the healing of the victim in the meetings organized by a skilled third party, outside the judicial environment. In addition to its long history of mediation, salient features such as confidentiality. And the reduction of violations in the long run and the development of a judicial system is also desirable. The present study descriptively and analytically seeks to answer the question of whether the legal restriction of mediation with an approach to restorative justice and Islamic criminal policy has been able to meet the needs of society? The findings of the study show that the legislator in Article 82 of the Code of Criminal Procedure places the recourse to mediation only in ta'zir crimes with grades 6, 7 and 8 and does not include limited crimes, retribution and . While we understand from the jurisprudential principles, there is no restriction for referring the crimes of the right of the people, even in the crimes of the right of God where the ruler has the power of pardon or the crime is proven by the confession of the criminal, referral to mediation is permissible. Therefore, the legislator should make serious revisions in the scope of the referral of claims to mediation in order to see the country flourishing more and more in achieving the goals of the Vision 1404 document.
