Restorative justice approach to criminal and civil lawsuits regarding child custody according to the principles of mediation

Document Type : Original Article

Authors

1 Tarbiat Modares University

2 Assistant Professor of Tarbiat Modares University

3 University professor

4 Assistant Professor, Department of Women's Studies, Faculty of Humanities, Tarbiat Modares University

Abstract

Principles governing restorative justice and criminal mediation as new principles in restorative criminal justice, officially entered the realm of legislative criminal policy in 2002 with the adoption of the UN Economic and Social Council resolution. One of the criminal cases in the family court is custody, which requires criminal mediation in the custody institution in order to protect the foundation of the family and the parent-child relationship, with emphasis on the said resolution. In this regard, recognizing the principles of criminal mediation and observing them will lead to a significant reduction in the volume of incoming cases to the courts. This research has been written with the aim of policy-making by collecting information in a documentary method in a descriptive-analytical method. Finally, according to the principle of reducing criminal intervention in the field of family, a text can be proposed as a legal provision: Respect for the interests of children in custody is mandatory: the principle of referring family disputes to restorative processes at all stages of criminal proceedings, the principle of admission of guilt, the principle of prohibition of invoking the defendant's statements, the principle of mutual agreement, the principle of validity of agreements, the principle of immediate intervention, "The principle of neutrality and the principle of collective responsibility, the principle of the right to express the opinion of children in custody."

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