Criminal Mediation as a Doctrine of Restorative Justice from the Perspective of Law and Ethics

Background: Creating the ground for peace and reconciliation through recourse to arbitration has been one of the common methods of litigation that is rooted in ethics. In the criminal justice system, judicial and police officials are the reference for investigation, inquiry and investigation. The sovereign and their representatives have the exclusive competence and no other person has the authority to interfere in it. In restorative litigation, on the other hand, because the view of the offense is different, individuals or councils, as mediators, intervene in the decision-making process and make decisions under the supervision of the criminal authority. However, the penal system is closely related to public order and government sovereignty, and its fate cannot be left to civil society and ethics. With the aim of judicial adjudication and amicable settlement of disputes arising from crime in Article 82 and its executive regulations were approved by the head of the judiciary in 1394. This regulation was amended and approved by the Cabinet in September 2016 and it is binding. Conclusion: This regulation was the beginning of the formal introduction of criminal mediation in Iranian law, although for a long time in Iranian customary law, both religiously and morally, in all crimes there is a culture of mediation in various forms. The realization of the restorative justice system has gradually progressed towards mediation.