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Criminal policy in applying restorative justice in modern criminal legislation | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Volume 16, Issue: 1 part 1, March 2025, Pages 191-212 PDF (869.23 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2025.186687 | ||
| Author | ||
| Israa Hamid Gharib Al-Hamdani* | ||
| University of Fallujah/ College of Administration and Economics | ||
| Abstract | ||
| The expansion of criminalization led to the excessive use of criminal proceedings to achieve the state’s authority to punish, and this extravagance coincided with the length of the criminal procedures, so the suffering became two-faced, a punitive aspect caused by this expansion of criminalization, and a procedural aspect caused by the criminal lawsuit, and what is known as the crisis of criminal justice appeared to the surface. Resorting to restorative justice in resolving disputes in our current era has become urgent, in order to meet the requirements of modern business that courts are no longer able to deal with individually, with the continuous development in trade and services, and the resulting complexity in transactions, and the need for speed and effectiveness in resolving disputes, and their specialization by those who consider these disputes or contribute to resolving them, the need arose for legal mechanisms through which the parties can resolve their disputes quickly, fairly and effectively while granting them the flexibility and freedom that are not usually available in the courts. This thesis aims to identify the role of each of the victim, the accused, the Public Prosecution, civil society institutions and the judiciary in settling criminal disputes in a satisfactory manner, with a statement of the crimes covered by the system of alternatives to criminal litigation procedures. | ||
| Keywords | ||
| restorative justice; punishment; deterrence; criminal mediation | ||
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