نوع مقاله : مقاله پژوهشی
موضوعات
عنوان مقاله English
نویسندگان English
Abstract: In the present era, criminal justice systems are faced with numerous challenges, including the density of judicial cases, increasing litigation costs, and victim dissatisfaction. Restorative justice is a transformational and human-centered approach that, by focusing on repairing the damage caused by crime and rebuilding social relations, highlights the active participation of all stakeholders in the justice process beyond traditional approaches based on punishment. In parallel, de-judicialization, as an effective strategy to reduce the burden on the judicial system, plays a significant role in accelerating the trial process through the development of alternative dispute resolution mechanisms such as mediation. This research, with an analytical-comparative approach, examines the functions of restorative justice in the de-judicialization process in the Iranian legal system, relying on jurisprudential and legal capacities, and presents localized and operational models. The findings show that combining restorative justice with decriminalization, in addition to significantly reducing the volume of cases and litigation costs, increases victim satisfaction, reduces the rate of recidivism, and strengthens criminal justice based on human dignity, which paves the way for promoting social cohesion and realizing sustainable criminal justice within the framework of Islamic jurisprudence principles. By providing an innovative and practical framework, this research can be considered as a strategic model in reforming and rebuilding the Iranian criminal justice system and similar legal systems.
کلیدواژهها English