THE ROLE OF PENAL MEDIATION IN DISPUTE SETTLEMENT

The main goal of the present study was to investigate the role of penal mediation. Restorative justice aims to involve the entire sides of disputes in the process of dispute settlement. Through the application of instruments such as mediation, the pursued goal is decriminalization while avoiding the prosecution of the defendant as it is possible. In addition, it tries for compensating for the losses of the plaintiff. The article 82 of the criminal procedure code envisages the issue of mediation in level 6, 7, and 8 discretionary crimes. The former results in reduction of number of cases, reduction of costs inflicted on plaintiffs and, in case of the defendants, it results in the provision of contexts for their faster rehabilitation. Nowadays, most of theorists of criminal justice believe that as a method of dispute settlement, penal mediation must follow certain principles and rules that guarantee the rights of both the plaintiffs and the defendants in a simultaneous manner. The present study is an applied study conducted through descriptive analysis and its results show that penal mediation through meetings involving elders and deans not only results in settlement of disputes, but also it prevents further contentions; hence as a new appearance of criminal justice, it can be considered as a suitable brachium for the justice system.