نوع مقاله : علمی و پژوهشی
نویسندگان
1 دانشجوی دکتری حقوق کیفری و جرمشناسی دانشگاه قم
2 استاد گروه حقوق کیفری و جرمشناسی دانشگاه قم
3 استادیار گروه حقوق کیفری و جرمشناسی دانشگاه قم
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The relationship between criminal law and civil law has undergone significant transformation in contemporary legal systems. Traditionally, criminal law was primarily concerned with protecting public order through punishment and deterrence, while civil law focused on compensating private harm and regulating relations between individuals. Egypt, and England through a comparative and analytical approach. all three legal systems have gradually moved toward a functional convergence between punitive and compensatory mechanisms. In Iranian law, institutions such as diyah (blood money), restitutionandcompensation for damages arising from crime illustrate the dual criminal-civil nature of legal responses. Egyptian law, influenced by both Islamic jurisprudence and the French legal tradition, provides mechanisms such as the civil action attached to criminal proceedings, enabling victims to seek compensation within the criminal process. In English law, although the distinction between crime and tort has historically been strong, developments such as punitive damages, restitution, and restorative justice have reduced the rigidity of this separation.
The article further analyzes the growing role of victims in contemporary justice systems and the emergence of restorative approaches that seek not only punishment, but also reparation, reconciliation, and social restoration. At the same time, including threats to the principle of legality, procedural fairness, and the risk of over criminalization.
The research concludes that modern legal systems are increasingly adopting a balanced and integrated approach in which criminal and civil law cooperate to achieve a more comprehensive form of justice. Rather than maintaining an absolute separation, contemporary justice emphasizes both public accountability and effective compensation for victims.
کلیدواژه‌ها [English]
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