نوع مقاله : پژوهشی
عنوان مقاله English
نویسندگان English
The Judicial Transformation Document (2020) and the Judiciary Transformation and Excellence Document (2024), with their forward-looking perspective, represent a progressive step in recognizing the necessity for transformation within the judicial system and outline a macro-level roadmap for its structural and procedural modernization. Employing a descriptive-analytical method and focusing on the content analysis of these two documents, the present study seeks to answer the core question: what are the pathologies of the position of the "restorative justice system" within the layer of operational solutions articulated in the Judiciary's Transformation and Excellence Documents? The findings indicate that while the fundamental concepts of restorative justice—including stakeholder participation, reparation, peace and reconciliation, and rehabilitation—are reflected in a scattered yet purposeful manner within policies such as "developing alternative dispute resolution methods," "strengthening the preventive approach," "engaging civil society institutions," and "developing lenient measures and alternatives to imprisonment," the overarching perspective of the documents remains predominantly instrumental and functionalist. Restorative justice is not portrayed as a "comprehensive," "integrated" system with a "complete executive structure." Consequently, by identifying pathologies such as the conceptual dispersion of the solutions, the absence of comprehensive legislation, a shortage of specialized infrastructure, and cultural barriers, this article proposes a set of implementation strategies for the practical and effective institutionalization of restorative justice in line with Iran's judicial transformation. These strategies include formulating a national restorative justice document and law, establishing a specialized institutional network, extensive investment in human resource training, and public awareness campaigns.
کلیدواژهها English