Criminal reconciliation and its importance in contemporary judiciary (a comparative study)

Abstract

Criminal conciliation is a modern mechanism in criminal justice, aiming to reduce the burden on courts, expedite the adjudication of criminal cases, and compensate victims. This concept has developed in various legal systems as an alternative to lengthy and costly judicial proceedings. A comparative study of criminal conciliation across legal systems reveals that, despite formal differences, it seeks to achieve common goals, such as reducing pressure on the judicial system, compensating the victim for harm, and rehabilitating the offender. In contemporary legal systems, criminal conciliation is primarily applied to non-violent and less serious crimes and is achieved through an agreement between the offender, the victim, and the judicial authorities. In some countries, such as France and Germany, this principle has been formally incorporated into criminal legislation, while in Islamic legal systems, it is recognized under terms such as "waiver of private rights" or "reconciliation." The importance of criminal conciliation in contemporary justice lies in the fact that it not only reduces litigation costs but also engages the victim in the justice process, thus contributing to the repair of damaged social relations.