السياسة الجزائية وإقرار عدالة تصالحية لمواجهة أزمة التضخم العقابي: الوساطة الجزائية أنموذجا

الملخص EN

Societies have witnessed many developments in order to achieve criminal justice, and in some judicial cases before the courts they have been guided to abandon traditional justice based on imposing punishments in favor of public rights.

this is done by following various penal procedures, and the reason was the growing criminal phenomenon.

the overburdening of justice with many files, as well as the slowness in adjudicating them, is an interpretation of the new legal system that aims to decide criminal disputes through negotiated methods, considering that it is one of the new ways to end a public lawsuit, and thus an increase in the consecration of the principle of protecting rights and freedoms.

therefore, these countries decided to adopt the principle of consent to resolve criminal cases, because they saw it as the most appropriate means of abandoning the obstacles to traditional justice due to its many positive aspects, including redressing the harm that befalls the victim, putting an end to the violation resulting from the crime, and giving the complainant an opportunity.

and preserving the social order, not to mention the matter related to establishing the principle of a fair trial based on speedy adjudication without harming the victim’s interest through haste.

the aim of the study is to determine the extent to which negotiated justice responds to and surrounds the problems resulting from some crimes, and whether adopting a criminal policy for this type of justice is sufficient to reduce crimes.