الصلح الجنائي وأثره على الدعوى الجنائية في التشريع البحريني : دراسة مقارنة

Abstract

ABSTRACT: Criminal Reconciliation is a legal, procedural, consensual action between the accused and the victim on one side, or the accused and the competent authority on the other side, in return for a compensation amount determined by law, in crimes that are predetermined in the law articles, and it results in and it results in dropping the punishment of the litigation, the Lapse of the criminal case or suspension of the execution, without any effect on the civil lawsuit. The Criminal Reconciliation procedure, as one of the forms of restorative justice, aims to reduce the cases backlog before the judicial bodies, and the delays caused by this in a way that violates human rights and freedoms, especially those related to guaranteeing fair trials, and it is an exceptional, consensual way to avoid going forward with criminal proceedings. The scope of Criminal Reconciliation application is usually applied on crimes of contravention and some minor crimes of misdemeanor committed against persons or funds, and on the occasions of legal text failure to permit this procedure, then there is no way but to continue with the case procedures until a final judgment is issued. In cases where the substantive and formal conditions stipulated by law are fulfilled for conducting the criminal reconciliation, this procedural act has achieved its consequences, represented in dropping the punishment of the litigation, the Lapse of the criminal case or suspension of the execution, if a final judgment had been issued for it, and the criminal reconciliation has no effect on the civil rights of the victim, aggrieved party, injured in the crime or proof of civil case.