Scope of Application of Criminal Mediation in Criminal Matters

Abstract

The importance of the scope of criminal mediation stems from the general principles of criminal law, especially the principle of criminal legality, and that there is no punishment or crime without a text. Legal logic requires the designation of a criminal circuit in which the criminal mediation system is applied, considering it as a procedural system legislated to simplify, concise, and expedite the resolution of the case completely, abbreviating the rules followed in a regular criminal trial. It is based on different rules, which raises a question about the nature of the crimes subject to the application of criminal mediation. It is worth noting that it does not apply to all types of crimes, but rather to a specific group of them characterized by characteristics consistent with their nature. Therefore, the legislator who will adopt the mediation system in criminal matters must limit its scope to a specific area, preferably misdemeanors and violations, and attempt to reduce criminal offenses, as there is no way to achieve it in this regard except by following the regular rules, due to their balance between rights, freedoms, and justice.