الوساطة الجزائية في الجرائم الأسرية

Abstract

Mediation in criminalmatters has gainedsignificantpopularity as an alternative mechanism for resolvingfamily disputes withincommunities, due to itssubstantialrole in alleviating the burden on the judiciary, saving effort, streamliningprocedures, and fostering a spirit of tolerance and reconciliationamongindividuals, whileenhancingtheir participation in the criminal justice system. Therefore, the primary goal of criminalmediationis to resolveconflicts and reconcilespouses, whileprotecting and ensuring the continuity of family life within society. It isconsidered one of the deeplyrootedmethods in Muslimsocieties in general, and specificallywithin Algerian society. Throughourstudy, we have concludedthatcriminalmediationis a modern, optional, and effective mechanism for resolvingcriminalconflicts, oftenintertwinedwithsimilar concepts aiming to settle disputes outside of courts, such as penal conciliation. Its essence lies in the intervention of a third party, where the public prosecutoracts as a mediatorbetween the victim and the accused to reach a reconciliatory agreement betweenthem, providedthatboth parties consent to the mediation. Finally, we found that criminal mediation is an amicable procedure that preserves social relationships, including familial ones. Therefore, it is decided in some severe cases of family crimes to put an end to disruptions caused by the crime and to repair the resulting damage. The reasons behind its implementation have demonstrated its effectiveness in countries that have adopted it, benefiting the accused, the victim, and society as a whole