العدالة التصالحية لدى النيابة العامة و الضابطة العدلية في التشريع الجزائي السوري

الملخص EN

The present study provides a scholastic exposition on a subject of judicial importance.

it highlights an issue that falls within the spectrum of Syrian penal legislation.

it sheds light on the relative functions assumed by three distinct bodies - judiciary, public prosecution and the judicial police.

According to the pertinent national law, a principle associated with the separation of powers in theoretivally operative.

in applied domain, however, both public prosecution and judicial police are granted no permission to arrange conciliation between the indicted and the victim.

Nevertheless, judicial police is authorized to undertake conciliatory endeavours.

Such endeavours are referred subsequently to the public prosecution.

This means the inception of a new phase.

it implies phase of operational procedure.

Also, this phase involves the revocation of public prosecution.

The end result will provide wider Justification for exploration on restorative Justice and penal alternatives.

In its concluding passages, the present study offers some inferences and some recommendations.

The following are salient: - Legislative intervention is a necessity.

- By operationalizing this intervention, the principle associated with the separation of powers should be refined.

- In operative terms, certain functions - prosecution, investigation and adjudication - should be organized within the suggestive emergent legislative framework.

- An institution on penal conciliation should be organized under the overall direction of public prosecution.

This institution should ensure protection of personal right.

- Restorative justice should be widely expanded.

- A socio - judicial executive foundation should be established.

It should focus on penal conciliations.

Operationally, it will serve settlement of disputes referred by public prosecution.