بدائل الدعوى الجنائية بين الإنتقادات والفاعلية

Abstract

It is well known that resorting to the use of scientific criminal proceedings aims to prosecute criminals for the crimes they have committed. Perhaps it is better to follow other methods instead of criminal proceedings, to achieve a balance between the rights of the accused, the victim, and the right of society to deter and punish him on the other hand, which achieves the interest of all parties, and contributes to their obtaining justice. Here, alternatives to criminal proceedings emerged, which are intended to expedite the end of criminal disputes, as they achieve this in all their forms, and contribute to reducing the burden on the judiciary, and achieving transitional justice. Because it is based on the consent of the perpetrator and the victim, transitional justice is not achieved through traditional criminal means only, nor can it be achieved exclusively through alternatives to criminal prosecution, but both contribute to achieving this transitional justice, and thus the flaws that taint either of them are overcome when resorted to alone without the other, as it grants each person his right, and preserves human relations, so when thinking about ending these disputes and healing the rift between members of society, and rebuilding the bonds of social relations, a balance must be struck between these two issues; so that members of society can turn the page on transitional justice.