Penal Mediation to Dissolve Discord among Peasants in Guilan (Iran)

Abstract

Present research was accomplished to survey penal mediation role in dissolving discord among peasants in Guilan province of Iran. Restorative justice is to make all parties participate in discord dissolution process and to decriminalize it with tools like mediation. It is based on a principle in which no culprit is pursued and also it is planning to relief victim. The law of criminal procedure in Article 82, projects “mediation” subject in crime deterrent grades 6, 7, 8. These crimes usually are pardonable or at least private complainer pardon is effective in mitigation. This issue causes reduction of criminal files and also criminal costs. It facilitates the social revive of the criminal. Modern criminal justice believes that penal mediation as one of settlement methods should follow special regulations which guarantee criminal and victim rights. This research is presented in four sections. This research is practical and the method is descriptive - analytical. Statistical population is consisting of 160 persons from many different villages in Guilan province. In order to collect data, questionnaire was administered and data analysis was performed using SPSS software. In forth section of this research, considering related questions, we were after to prove hypotheses. Results showed that criminal mediation can be settled by meetings performed by elders of villages in Guilan province and it prevents fights and claim .As a new look of criminal justice, it can be used as an appropriate instrument for judiciary.