The Impact of Restorative Justice on Public Prosecution and Punishment: Comparative Study between Iraq, Saudi Arabia, and Lebanon

Abstract

The central problematic of this research revolves around the fundamental transformation in the philosophy of contemporary criminal justice from the traditional model based on deterrence and pure punishment to the restorative justice model that aims to achieve balance between the requirements of public order and the parties' interest in terminating criminal disputes through consensual means. The study proceeds from a principal inquiry concerning the precise determination of the impact of criminal reconciliation on public prosecution and punishment in light of the fundamental differences among the three legal systems, as complex legal issues arise regarding the extent to which the private will of parties can affect public prosecution that represents society's right to punishment, and whether reconciliation leads to the definitive termination of public prosecution or merely its temporary suspension, and the legal consequences arising therefrom with respect to principal, accessory, and complementary penalties. The significance of the study lies in its provision of an in-depth legal analysis of the effect of reconciliation on two fundamental pillars in procedural and substantive theory, namely public prosecution and punishment, while highlighting the fundamental divergence among three distinct legal systems in their jurisprudential and legislative references: the Iraqi system derived from civil law traditions, the Saudi system built upon Islamic Sharia, and the Lebanese system that combines French legal influences and sectarian particularities. The research adopted the descriptive analytical comparative methodology to examine the applicable legislative texts and judicial jurisprudence in the three countries, through analyzing the Iraqi Code of Criminal Procedure No. 23 of 1971, the Saudi Criminal Procedures System issued by Royal Decree No. M/2 of 1435 AH, and the Lebanese Code of Criminal Procedure of 1948. The study yielded fundamental findings revealing structural variations in addressing criminal reconciliation; in Iraq, reconciliation terminates criminal prosecution in specified crimes pursuant to Article 164 of the Code of Criminal Procedure, whereas in Saudi Arabia reconciliation relies on Islamic Sharia provisions in retribution and blood money crimes according to Article 204 of the Criminal Procedures System, with differences in effect between private and public rights. As for Lebanon, reconciliation is subject to the provisions of Articles 244 to 247 of the Code of Criminal Procedure and Article 663 of the Lebanese Penal Code, which distinguish between reconciliation in misdemeanors and felonies and precisely delineate its scope.