نوع مقاله : پژوهشی
استادیار گروه حقوق، پژوهشکدۀ مطالعات سیاسی و روابط بینالملل و حقوق، پژوهشگاه علوم انسانی و مطالعات فرهنگی، تهران، ایران
عنوان مقاله [English]
In the latest edition of the 2020 Restorative Justice Handbook, restorative justice is defined as any program that uses restorative processes to achieve restorative goals and outcomes. This definition shows that restorative justice adheres to common goals, norms, and criteria for adopting restorative measures in various legal, social, cultural, and economic contexts, without being limited to an ideal pattern, procedure, or process.So, the desirability of a restorative justice program does not depend on a particular model, but on having features that can bring restorative interventions as close as possible to the goals and outcomes of restorative justice. Accordingly, this article, which is qualitative in nature and descriptive-analytical in method, addresses two main issues: First. What are the characteristics of a desirable model of restorative justice; desirability in terms of the extent to which the most restorative goals and values are achieved, regardless of the model of restorative justice and second. using the method of interviewing twenty judges of criminal court (1) in a Tehran province and thirty victims of sexual violence (both men and women), also addresses this issue that if a judge's restorative interpretations are to be one step away from the status quo in cases of sexual violence and contain more and more features necessary to achieve the most restorative values, then what is the procedure? The result of the research shows that "using trained actors of restorative justice in criminal courts", in the current conditions of the Iranian criminal justice system, is a procedure that can represents the most number of features of a desirable model in these cases.
http://www.euforumrj.org/wpcontent/uploads/2015/09/Doingrestorative- justice-in-cases-of-sexual-violence_practice-guide_Sept2015- 1.pdf.