اثر الصلح الجنائي على الضحية  دراسة مقارنة

شذى محمد حسين; ا.م.د عزيز سامي حسين

doi:10.64184/ajlps.V2.I3.Y2025.P926-957.161

Authors

Shadha Muhammad Hussein Imam al-Kadhim (AS) College of Islamic Sciences University - College of Law Author
Assistant Professor Aziz Sami Hussein Imam al-Kadhim (AS) College of Islamic Sciences University - College of Law Author

DOI:

https://doi.org/10.64184/ajlps.V2.I3.Y2025.P926-957.161

Keywords:

criminal Reconiliation, Victim, the right to compensation, contemporary criminal policy

Abstract

This research addresses criminal reconciliation as one of the alternative means to punishment within the framework of expedited justice, of which this system is considered one of the most prominent tools. It examines the extent of its contribution to strengthening the role of crime victims by enabling them to effectively participate in criminal procedures and ensuring their right to compensation. The research explores the impact of reconciliation on the status and rights of the victim before, during, and after the trial, taking into account the positions of the Iraqi and Egyptian legislators. This study also examines the legal safeguards surrounding the system of criminal reconciliation to ensure that it does not become a means for the offender to evade punishment without redressing the harm caused to the victim, with a focus on restorative justice without harming the rights of the victim

References

First: Books

1. Abdel Aal, Ahmed Abdel Latif, Victim Compensation in Positive Law and Islamic Sharia: A Comparative Study, Dar Al-Nahda Al-Arabiya, Cairo, 1991.

2. Sorour, Ahmed Fathi, Constitutional Legitimacy and Human Rights in Criminal Procedures, Dar Al-Nahda Al-Arabiya, Cairo, 1995.

3. Al-Haidari, Jamal Ibrahim, Explanation of the Special Section Provisions of the Penal Code, Al-Sanhouri Library, 2010.

4. Salem, Omar, Towards the Simplification of Criminal Procedures: A Comparative Study, 1st Edition, Dar Al-Nahda Al-Arabiya, Cairo, 1997.

5. Aqeeda, Mohamed Abu Al-Ala, State Compensation for Crime Victims, Dar Al-Fikr Al-Arabi, 1988.

6. Abdel Aal, Mohamed Abdel Latif, Victim Compensation in Positive Law and Islamic Sharia, Dar Al-Nahda Al-Arabiya, 1991.

7. Abdul Latif, Mohamed, The Concept of the Victim in Criminal Proceedings, Dar Al-Nahda Al-Arabiya, Cairo, 2006.

8. Mahmoud Mostafa, Mahmoud, Victim Rights in Comparative Law, Cairo University Press, Egypt, 1st Edition, 1975.

9. Al-Zuhairi, Moataz El-Sayed, Restorative Justice and Its Role in Ending Criminal Proceedings, Dar Al-Nahda Al-Arabiya, Cairo, 2017.

10. Al-Saadi, Wathba Dawood, Penal Code: Special Section, No Edition Number, Legal Library, University of Baghdad.

Second: Articles and Papers

1. El-Zahabi, Edward Ghali, (1964), Physical Coercion for Enforcing Compensation, National Criminal Journal, Vol. 7, No. 2.

2. Al-Feel, Ali Adnan, (2015), Alternatives to Criminal Procedure: A Comparative Study, Criminal Justice Journal, Vol. 1, No. 1, Faculty of Law, University of Mosul.

3. Aqeeda, Mohamed Abu Al-Ala, (1992), Guiding Principles for the Protection of Crime Victims in Arab Legislation: A Comparative Study, Journal of Legal and Economic Sciences, Ain Shams University, Vol. 34, No. 1.

Third: Theses and Dissertations

1. El-Fiqi, Ahmed Mohamed Abdel Latif, (2001), Criminal Protection of Crime Victims' Rights, PhD Dissertation, Faculty of Law, Ain Shams University.

2. Al-Madhoun, Baha Jihad Mohamed, (2018), Criminal Reconciliation under the Palestinian Penal Law: A Comparative Study, Master's Thesis, Faculty of Sharia and Law, Islamic University, Gaza.

3. Atia, Hamdi Ragab, (1990), The Role of the Victim in Ending Criminal Proceedings, PhD Dissertation, Faculty of Law, Cairo University.

4. Hayati, Yaqoub, (1977), State Compensation to Victims of Personal Crimes: A Comparative Study in Victimology, PhD Dissertation, Faculty of Law, Alexandria University.

Fourth: Legislation and Conventions

1. United Nations Secretariat, Short-Term Imprisonment, General Report, New York, 1960.

2. Third Conference of the Egyptian Society for Criminal Law, Victim Rights, Cairo, 1989.

Ramsis Behnam, The Problem of Victim Compensation in Crime.

Mohsen Al-Obaidi, The Basis of State Liability for Victim Compensation in Criminal Law, Administrative Law, and Islamic Sharia.

3. United Nations Thirteenth Congress on Crime Prevention and Criminal Justice, Doha, 19 April 2015, National Approaches to Public Participation in Crime Prevention and Criminal Justice: Working Paper by the Secretariat.

4. Amended Iraqi Code of Criminal Procedure No. (23) of 1971.

5. Amended Egyptian Criminal Procedure Code No. (150) of 1950.

6. Amended Iraqi Enforcement Law No. (45) of 1980.

Fifth: Judicial Decisions

1. See the decision issued by the Qadisiyah Criminal Court / Second Panel, No. 304/J/2010, dated 5/5/2025, unpublished judicial decision.