English abstract
The modern thought of privatizing the public lawsuit is witnessing a remarkable expansion in the search for the appropriate means of settling disputes before reaching the court, in order to reduce the burden on the country and the judiciary. One of the most prominent of these means is arbitration. So,the thesis aims to develop a map of access to the application of arbitration in the criminal field and to determine the importance of arbitration in criminal justice as it is the latest means for privatizing public cases and settling disputes outside the courts, by presenting opinions based on criminal policy based on the legal provisions related to arbitration stipulated in the Law on Arbitration in Civil and Commercial Disputes.
In the thesis, I tried to address the most important alternatives and the ones closest to arbitration, by reviewing the topic in two chapters. In the first chapter, I talked about the concept of criminal arbitration and the scope of its application, trying to focus on arbitration from the theoretical side by developing theories that are compatible with criminal policy and its basic rules. In the second chapter, I focused on the procedural rules related to the application of arbitration, which bears the title of Criminal Arbitration Procedures and Challenges to Arbitration Rulings issued by them and the methods of appealing those judgments.
In this study, I have taken an approach that is compatible with the modernity of the topic, which is the descriptive approach and the analytical approach. The thesis reached a set of conclusions and recommendations, the most important of which is the need for the penal procedures law to include a set of texts and articles regulating the application of arbitration in public cases, with the development of rules to encourage litigants to resort to arbitration in some cases of a personal nature.
