عنوان مقاله [English]
Senior-ARCHY (accepting the judgment of elderlies by the grass root of a society) and the commitment to traditional values, people's dependence on each other and the need for the local community, the low power of governments and their indetermination to interfere in interpersonal disputes in a not-so-distant past, was a reason for shaping of the penal mediation process. And today, the defeat of governmental punishment based dialogues, the congestion of laws, the length of procedure, administrative bureaucracy ... Are excuses for the destruction of official criminal justice, and the re-production of this concept and the enrichment of scientific literature related to it. In this method of resolving disputes the parties, regardless of the limits of the book of law and the formal procedure with the help of a third party are seeking a union. Following the legalization of penal mediation in Iran, the clarification of its specifics in the substantive law and determining its scope and extension in responding to the various types of crimes (discretionary punishments - Ta`zir, retaliation - Qisas and atonement) is of great importance. It should be seen whether Iranian lawmakers have been able to make the most of this process by clarifying the effectiveness scope of mediation. Answering the above question is a step towards identifying existing shortcomings and lights to reform the relevant laws. The results of this analytical-descriptive research show that the result of mediation is more favorable than formal criminal justice towards four crimes mentioned above. However, the Iranian legislator has accepted mediation only for discretionary punishment crimes which is in a limited extend. This is while generalizing this process is clearly to atonements and retaliation and extending its scope to a part of Hadd crimes is correct.