Author name:
علي اعذافه محمد
Supervisor name:
وصفي هاشم عبد الكريم الشرع
Abstract:
Law is a direct reflection of the community's needs and aspirations and requirements, so the nature of life requires that laws evolve constantly and continuously, to the volition of life and change, so as to be able to solve the emerging problematic dilemmas, criminal mediation, like other legal systems, emerged as a result needed on the one hand, and as a result of their ability to address many of the social and judicial problems on the other hand, societies suffer from the phenomenon of legislative inflation and crisis negative punishment for freedom and short - term failure in its reformist, and dumping in the formalities of procedure and the consequent slow in criminal ceding, so it was necessary to search for innovative legal systems deal with such issues, was criminal mediation and one of the tactics that were produced by contemporary criminal policy to contribute to the treatment of massive and continuous increase in the number of cases heard by criminal courts, and develop a spirit of complacency and tolerance between the perpetrator and the victim, may not be up to it through the criminal judgment to reach an agreement on how the offender to remove the effects of damage to the victim as a result of his crime, and without incurring the rigors of litigation and the length and complexity of the proceedings, as well as saving energy and money for the parties to the conflict, criminal Mediation according to this cauterization is working to achieve many of the benefits of the parties to the dispute criminal. (judicial institution - the culprit - the victim). The investment of these features and benefits, criminal mediation has become a favorite tool in contemporary criminal policy, which began tend towards the idea of consensual criminal justice point of view, although the arrows of criticism sent to it in the beginning, and that it soon faded almost final, so it approved Fiqh alternative way for criminal proceedings to resolve criminal disputes, based on the idea of social justice between the parties to the conflict within the scope of the criminal justice consensual, and adopted by many comparison of procedural legislation as a newly funky in solving criminal conflicts style, based on the style and amicably resolved and justice consensual dispute between the parties to the conflict in any way, were subject to compliance with the regulations and procedures that define the work of the system. So it is a new system of alternative and non - raditional means to resolve the dispute, a criminal system maintains social relationships. It is carried out through three main components : the mediator that must be where certain conditions such asndependence, impartiality and efficiency, and the offender and the victim after taking their consent available.. system In principle to proceed with this action.insist of mediation of certain stages of several process, a satisfactory is mandatory aims to resolve the conflict between the criminal ends amicably and radical through the mediator help and away from the traditional criminal proceedings and that due choosing criminal mediation due to the Iraqi legislator does not know the Penal Procedural Law in force, moreover, the criminal mediation system is almost unknown accordingly not spend in the State of Iraq, it was appropriate to offer him a system assigns to achieve the goal of having this law, which is to achieve social justice, including drawing on the situation in the comparative legislation, especially the French legislation, which is reaching often Iraqi legislation.appeared criminal mediation as a means of alternative means of penal proceedings for the first time in Canada in 1974 and then moved to the United States, and later expanded its scope of application to include most European countries, this system is based on ending the conflict away from the judiciary, but under his supervision and control and the intervention of a third party entrusted him to act as mediator between the perpetrator and the victim or the to meet with parties to the conflict, and is trying to reach a solution between them the satisfaction of both parties, and for the have recourse to this procedure, but consensual, Society and to achieve this system, economy in expenditure and the provision of effort and money and alleviate the burden on the judiciary, has proven successful in countries that adopted, whether the perpetrator or the victim or both. The we had this message in three seasons. The included the first chapter of what criminal mediation. then we dealt with in the criminal provisions of Chapter II of mediation. Then we pointed out in the third quarter to the models of the legislation criminal mediation system.
