Culmination of Law

Culmination of Law

The foundation of restorativeism and the application of criminal mediation in petty financial crimes in Iranian law

Document Type : Original Article

Authors
Abdolreza Javan Jafari 1
Mohammad Norouzi 2
1 Professor, Department of Criminal Law and Criminology, Ferdowsi University of Mashhad, Mashhad, Iran
2 PhD Student, Department of Criminal Law and Criminology, Ferdowsi University of Mashhad, Mashhad, Iran. (Corresponding Author)
10.22034/thdad.2023.1999934.2422
Abstract
The defects of the criminal procedure caused the attention of scholars to be directed to restorative institutions such as mediation, at least in response to minor crimes such as petty financial crimes. In fact, mediation as a branch of restorative justice seeks to deal with unimportant criminal acts such as petty financial crimes in the manner of arbitration. The purpose of writing this article is to study the application of the mediation in petty financial crimes as a minor crime in Iranian law. The working method in this research is descriptive-analytical and using original library sources. Based on research data, according to the innovative classification, small financial crimes are divided into two absolute and relative parts. In absolute petty financial crimes, the combination of the two factors of being forgivable and having one of the 6, 7 and 8 degrees of punishment are necessary, which indicate the lightness of these crimes. On the contrary, in the relative approach, small financial crimes are crimes that, due to the low value of their subject, there is no economic justification for the victim's criminal complaint. In this way, the detection of petty financial crimes in a relative approach depends on the victim's perspective and his ability; as the amount of the crime may be considered worthless in the eyes of one victim and valuable in the eyes of another victim. In the face of these crimes, contrary to the mediation institutions that are foreseen in response to absolute petty financial crimes, the legislator has not taken any special measures and In order to compensate the victim's losses, protect the society from further criminal damage and prevent the perpetrator's arrogance, it is necessary to entice the victim to file a lawsuit by providing special institutions that have minimal formalities and processing costs.
Keywords
Restorative justice
mediation
decriminalization
criminal minimalism
petty financial crimes

Subjects

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Culmination of Law
Volume 11, Issue 1
Summer 2025
Pages 201-234