Transition from penal logic to insurance logic in criminal policy (a new contribution of reparative justice)

Seyyed Mohammad Naser Mobarghai

School of Law, Islamic Azad University, Mashhad, Khorasan Razavi, 91735-413, Iran.

E-mail: mobargay1345@yahoo.com; Tel: +989151159636.

Accepted 14 January 2013

Abstract

Studies in the area of criminal sciences have been known as that the domain development of penal system intervention its mere emphasis on methods recommended by classical penal justice system whether its punishing form or renutritioning form cannot be responsive to the public opinion as expected. In other words, now, the deficiencies of traditional penal system which has been combined with numerous difficulties resulted from accumulation of cases on penal inflation and lacks of facilities in judicial investigations have become completely obvious. On the other hand, ignoring the victim as one of the main elements of criminal phenomenon  has confronted the suppressing penal system with many dead-ends, because the storm-like results and policies of the system's functions, although hasn't been ineffective in terms of prevention and punishment, has had the least effect in terms of compensating and healing the victim's feelings. The emergence of victimology has brought hope to the creation of an environment in which the role of victim in the crime evolution process is carefully considered and the position, needs, and methods of supporting the victims are also provided. Thus, the process of substituting the new approaching for the traditional reparative justice has put forward a new perspective for victimologists and criminal scientists. In this new approach, insurance mechanism has presented significant suitablities that can be viewed a heartening indication for initiating effective actions for victims of criminal act.

Keywords: Insurance Logic, Reparative Justice, Victims Supporting Plans, Substituting Resources, Loss Reparation and Compensation