Document Type : scientific
Author
Assistant Professor, Bu-ali Sina University, Law department
Abstract
Criminal Mediation is a favorable solution to diversion. This measure is in accordance with criminilogical studies. The programs of mediation have already been implemented in Germany since 1984 and the provisions have been provided in Criminal, Criminal Procedure, Juvenile Courts Codes and Mediation guidelines. In Germany various sorts of mediation have been recognized, namely mediation order as a tool for diversion and mediation as the independent legal consequence of juvenile delinquency in sentencing tier. in Iran there is only one sort of mediation and the spectrum of mediation would be increased according to the Bill of Specific Police of Juveniles. In Contrast,, in Germany there is no limitation in the sort of referable crimes to mediation. Some other differences include the plausibility of reckoning persons between 18 to 20 years old as juvenile, referring to mediation in all stages of prosecution, interrogation, proceeding and execution of the verdict, unnecessity of direct confrontation between the criminal and the victim and proceeding-based nature of mediation. in Germany the statistics of mediation is published periodically. However, the country has faced challenges in financing mediation programs and their low popularity. The Iranian Policy makers can benefit from solutions of these challenges.
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