تعويض ضحايا الجريمة في القانون الوضعي والشريعة الإسلامية دراسة مقارنة

Abstract

Compensation for victims of crime is the most important topic at present, due to its sensitivity and attachment to a neglected and forgotten category, and gained their share of suffering at the occurrence of a crime, and caused him physical and material damages. Compensation for victims of crime is the most important means of redress they deserve through criminal justice, as in recognizing the reality of abuse on the part of the offender and a symbol of self- As well as recognition of the right to compensation in the healing of injuries and to the confidence in the criminal justice system. On this basis, this study aims to determine the measure of obtaining the victim of their right to compensation by the different historical stages, from the old systems to until today, Addressed the most important principles such as compensation for The victim by the offender, and in the absence of solvency, or has remained unknown, the idea has taken its way and began to take shape is now the state's obligation to guarantee. The study looked at the mechanisms that the victim is connected to compensation, namely: - traditional justice Mechanisms through civil action before the civil or repressive jurisdiction, where the assessment of reparation is subject to the authority of the judge and the principle of full reparation, which covers all Damage without increasing or decreasing. - modern justice mechanisms which allow access to compensation by the civil, criminal or administrative courts, by crying out guarantee funds, or by insurance. As well as the establishment of new mechanisms in the criminal justice system, where compensation is one of the objectives of criminal policy, such as criminal remedies, and can be done outside the judicial system by following other mechanisms such as research Means that facilitate their access to compensation, or through restorative justice mechanisms through the adoption of the penal transaction and criminal mediation systems, which seeks to compensate the victim. There is no need here for the application of the principle of full reparation, It is generally possible to settle for sufficient and equitable compensation, but simple procedures leading to prompt and urgent compensation. By comparing all this to Muslim law (sharia), which has adopted similar systems such as diah (blood price), transaction and mediation, especially in violent crime.