Document Type : Research Paper
Authors
1 PhD Student in Criminal Law and Criminology, Allameh Tabataba'i University, Tehran Iran
2 Assistant Professor, Department of Criminal Law and Criminology, Shahed University, Tehran, Iran
3 PhD Student in Criminal Law and Criminology, Tarbiat Modares University, Tehran, IRAN
Abstract
The present study has answered the this question: How and on what initiative do judges provide the context for the application of restorative programs in juvenile criminal courts? Restorative interpretations of legal provisions such as referral to mediation in all Ta'zirat offenses, weakening of the constituent elements of the crime, use of the legal capacity of a conditional or suspended pardon, and obtaining the plaintiff's consent after the announcement of the end of the proceedings and before the verdict; are Judicial initiatives. Also, the replacement of similar institutions with unimpeded legal establishments such as the establishment of the Peace Council and the social work unit, the referral of mediation to counter with closed- case policy _to believe the number of closed case as the criterion for the efficiency of judicial system instead of quality of decision making_ and the cooperation with the lawyers of the Association for the Protection of Children's Rights to solve the problems caused by the undesirable quality of defense lawyers are structural initiatives to avoid obstacles.
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