عنوان مقاله [English]
The complexity of corporate crimes in the field of consumption, the extent of their victims, and the ineffectiveness of traditional punishments have made it difficult to deal with these crimes. Dealing with corporate crimes outside the criminal justice system and restoring the processes, in addition to supporting the victims, can prevent damage to the reputation and credibility of companies. This research wants to investigate the possibility of using restorative methods in dealing with corporate crime in a descriptive-analytical way and concerning library sources. The findings of the research indicate that regarding corporate crimes, it is possible to apply restorative mechanisms through the use of a horizontal approach along with a vertical approach and strengthening the responses according to the needs of the victims. To overcome the challenges of the classical restorative methods, it is necessary to use new effects, such as the use of mediation structures and the online dispute resolution system.
The development of societies has caused commercial companies to enter the community scene. The presence of commercial companies has brought problems despite certain and undeniable benefits. In such a way that sometimes the activities of these companies cause damage to the property and life of a large part of the society. Their effects and influence can be seen almost everywhere in society. The emergence of criminal behavior against consumers can be considered as one of the side effects related to the activities of commercial companies. The crimes of these companies against consumers impose huge costs on governments and individuals. The extent, cross-border, complexity, and sometimes organization of the crimes of commercial companies, in the context of consumers' ignorance and the imbalance of power between the perpetrators and the victims, has caused a growing number of instances of consumer rights violations.
Restorative justice is a system or an approach in which the victim, the criminal, and society in general participate in identifying the causes of the crime, determining the appropriate response to the criminal, and repairing the damages caused to the victim. Restorative justice does not merely punish the wrongdoer, but while compensating the losses caused by the crime, prevents further damages and returns the perpetrator to the same society that violated its norms.
The application of restorative justice regarding the crimes of commercial companies is very important because of provides a comprehensive solution. Restorative justice as a principle seeks to do justice. Therefore, at the same time, governments should use all their efforts to maintain order and ensure appropriate punishment, Processes that promote justice in a broader sense and should take into account the needs and expectations created after the crime has occurred. There should be processes that promote justice in a broader sense and take into account the needs and expectations created after the crime has occurred. Corporate crimes are no different from classic crimes and should not be deprived of restorative processes.
This research aims to answer the following questions while examining various restorative and compensatory methods in dealing with corporate crimes: Is it possible to use restorative justice mechanisms in response to the crimes of commercial companies and support their victims? What are the methods of restorative proceedings that can be applied to the crimes of commercial companies? To answer these two questions, firstly, the ability to use the restorative justice system to support the victims of commercial companies is examined, and then the methods and mechanisms of restorative proceedings appropriate to the crimes of commercial companies are discussed.
This research aims to investigate the possibility of using restorative methods in dealing with corporate crimes in a descriptive-analytical way and concerning library sources.
3. Results and Discussion
Applying correct management and coordinating the responses with each other can help to form an efficient criminal policy in the fight against the crimes of commercial companies and provide comprehensive support to the victims of these crimes. Considering the complex nature of the crimes committed by the companies and the many obstacles that exist in the detection and handling of these crimes, the design of online systems to include the complete specifications of the products, so that it can be easily Monitoring institutions, non-governmental associations and consumers can be tracked, it can increase the visibility and clarification of these crimes. Today, the direction of all commercial rules in the world is based on the facilitation and development of commercial relations, and in the event of a dispute, the priority is to repair and strengthen these relations, rather than simply insisting on coercive and destructive responses that lead to the breakup of these relations.
To have an efficient restorative mechanism in response to corporate crimes against the consumer, first of all, the platform for accepting such responses in the traditional criminal justice system should be provided and the realization of this importance depends on the development of coherent and appropriate laws for the activities of commercial companies, in such a way that in the establishment of criminal responses, in addition to complying with the appropriateness of the crimes committed and establishing the distinction between crimes and violations, the need to use and compensation for their losses should be taken into consideration. If the victimization of consumers is not recognized in the criminal justice system, the use of restorative mechanisms or any non-judicial mechanism to support these victims will be sterile and ineffective in practice and will only result in the delay of the proceedings and the wandering of the victim. Therefore, while adhering to the principles of restorative justice, by updating traditional tools and formulating new methods such as using a multi-layered mediation mechanism, solving online disputes, and facilitating the space for dialogue and agreement between companies and consumers, from this The system was used to respond to new and complex corporate crimes.
Selection of References
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Brogan, Patrick, 2020 ” Consumer Redress Through Online Dispute Resolution: The Role of Online Dispute Resolution in Facilitating Consumer Access to Justice in E-Commerce”, Volume 12, P 423-476
Schmitz, Amyj, 2018, “App for Tht: Developing Online Dispute Resolution to Empower Economic Development” 32 Notre Dame Journal of Law, Ethics and Public Policy, p 85-112