Deniz Publication
Clinical Cancer Investigation Journal
ISSN Print: 2278-1668, Online: 2278-0513


Publisher: Deniz Publication
ARTICLE
Year: 2022   |   Volume: 11   |   Issue: 1 S   |   Paper ID: CCLS220302

Investigating the Restorative Justice’s Potential Capacities and Challenges


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Abstract

The present study aims at investigating the potential capacities and challenges of restorative justice. The study method is descriptive-analytical through the use of library resources. The investigations showed that not only processes with the required properties and scales are rarely witnessed in restorative justice but no effect has also been made by the prior criminology stream, i.e. supportive victim identification, thereon in the Islamic penal codes of law and Imamiyyeh jurisprudence. However, Iran’s criminal justice system and its canonical infrastructures feature a lot of lofty restorative justice potential enabling the utilization of the restorative justice’s thoughts and processes. But, the specialness and technicality of guiding the restorative justice’s processes for accomplishing the goals have caused the required familiarity in the legislative aspect as well as the needed training and instrument in the executive aspect not to have been prepared. The study findings are indicative of the idea that there are jurisprudential and legal challenges and limitations in the supportive institutions, such as legal gaps, extreme insistence on the jurisprudential basics, and judges’ insufficient attention to such institutions in the implementation stage, for the proper execution of the restorative justice.

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ISSN Print: 2278-1668, Online: 2278-0513