The role of penal mediation In achieving restorative justice
Despite all the efforts made by the state as it has the right to impose punishment and fight crime, the phenomenon of crime is constantly increasing, in addition to the increase and accumulation of cases related to it before the penal judicial authorities, which has led to the emergence of a stifli...
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| Format: | Article |
| Language: | Arabic |
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University of Tamanrasset
2024-06-01
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| Series: | مجلة الاجتهاد للدراسات القانونية والاقتصادية |
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| Online Access: | https://alijtihed.univ-tam.dz/article/view/16 |
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| _version_ | 1841555915332911104 |
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| author | Feirouz El Maouhab |
| author_facet | Feirouz El Maouhab |
| author_sort | Feirouz El Maouhab |
| collection | DOAJ |
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Despite all the efforts made by the state as it has the right to impose punishment and fight crime, the phenomenon of crime is constantly increasing, in addition to the increase and accumulation of cases related to it before the penal judicial authorities, which has led to the emergence of a stifling crisis known as “the criminal justice crisis” due to excessive asylum to criminalization and focus on punitive policy, which called for searching for alternatives to public action as a means of rationalizing criminal policy and moving towards a new concept of justice from punitive deterrent justice to consensual restorative justice to resolve disputes.
Perhaps penal mediation is the alternative that responds to these requirements, as it is considered one of the new mechanisms for resolving penal disputes, which was approved by the Algerian legislator under Ordinance 15-02 amending and supplementing the Code of Penal Procedure as a legal system in response to the need to adopt a contemporary criminal policy based on reconciliation between members of society and promoting social peace.
Accordingly, the problem posed in this research is as follows: How did the legislator organize the mediation system in penal matters? How effective is this mechanism in achieving restorative justice?
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| format | Article |
| id | doaj-art-a107d9a0dddf40db8908e36c53df68c4 |
| institution | Kabale University |
| issn | 2335-1039 2437-0754 |
| language | Arabic |
| publishDate | 2024-06-01 |
| publisher | University of Tamanrasset |
| record_format | Article |
| series | مجلة الاجتهاد للدراسات القانونية والاقتصادية |
| spelling | doaj-art-a107d9a0dddf40db8908e36c53df68c42025-01-07T23:17:59ZaraUniversity of Tamanrassetمجلة الاجتهاد للدراسات القانونية والاقتصادية2335-10392437-07542024-06-0113210.36540/nvxbs614The role of penal mediation In achieving restorative justiceFeirouz El Maouhab0University of Algiers 1 Despite all the efforts made by the state as it has the right to impose punishment and fight crime, the phenomenon of crime is constantly increasing, in addition to the increase and accumulation of cases related to it before the penal judicial authorities, which has led to the emergence of a stifling crisis known as “the criminal justice crisis” due to excessive asylum to criminalization and focus on punitive policy, which called for searching for alternatives to public action as a means of rationalizing criminal policy and moving towards a new concept of justice from punitive deterrent justice to consensual restorative justice to resolve disputes. Perhaps penal mediation is the alternative that responds to these requirements, as it is considered one of the new mechanisms for resolving penal disputes, which was approved by the Algerian legislator under Ordinance 15-02 amending and supplementing the Code of Penal Procedure as a legal system in response to the need to adopt a contemporary criminal policy based on reconciliation between members of society and promoting social peace. Accordingly, the problem posed in this research is as follows: How did the legislator organize the mediation system in penal matters? How effective is this mechanism in achieving restorative justice? https://alijtihed.univ-tam.dz/article/view/16Penal mediationpublic actionpunitive justicerestorative justicesocial peace |
| spellingShingle | Feirouz El Maouhab The role of penal mediation In achieving restorative justice مجلة الاجتهاد للدراسات القانونية والاقتصادية Penal mediation public action punitive justice restorative justice social peace |
| title | The role of penal mediation In achieving restorative justice |
| title_full | The role of penal mediation In achieving restorative justice |
| title_fullStr | The role of penal mediation In achieving restorative justice |
| title_full_unstemmed | The role of penal mediation In achieving restorative justice |
| title_short | The role of penal mediation In achieving restorative justice |
| title_sort | role of penal mediation in achieving restorative justice |
| topic | Penal mediation public action punitive justice restorative justice social peace |
| url | https://alijtihed.univ-tam.dz/article/view/16 |
| work_keys_str_mv | AT feirouzelmaouhab theroleofpenalmediationinachievingrestorativejustice AT feirouzelmaouhab roleofpenalmediationinachievingrestorativejustice |