Compensation-Based Settlements For Minor Crimes
I. Introduction
In Afghanistan, compensation-based settlements (also known as diya or blood money) are a traditional and legal mechanism to resolve minor crimes and disputes, especially those involving bodily harm or property damage. This mechanism allows offenders to avoid harsher criminal penalties by compensating the victim financially or through mutual agreement.
The Afghan Penal Code incorporates principles from Islamic law and customary practices, allowing compensation to be a legitimate form of settlement in many cases, provided both parties agree.
II. Legal Framework
Article 398 of the Afghan Penal Code: Provides for compensation-based settlements in cases of bodily injury or damage.
Article 400: Allows the court to accept compensation and release the accused if the victim consents.
Customary Law (Pashtunwali, Sharia): Traditional norms influence settlements and are often recognized by courts.
Criminal Procedure Code: Requires courts to ensure that such settlements are voluntary and not coerced.
III. Criteria for Compensation-Based Settlements
The crime must be minor or non-capital (e.g., minor assault, property damage).
Both parties must consent freely to the compensation.
The compensation must be fair and agreed upon by the victim.
The court must approve the settlement to ensure legality and voluntariness.
The accused must typically admit responsibility.
IV. Case Law Examples
Case 1: Minor Assault Resolved by Compensation (Kabul, 2017)
Facts:
The accused slapped the victim during a personal dispute, causing minor injuries.
Victim filed a complaint but agreed to accept monetary compensation.
Legal Proceedings:
Court verified victim’s consent.
Accepted compensation amount of AFN 50,000.
Outcome:
Charges dropped.
Case closed with compensation settlement under Article 398.
Significance:
Demonstrated courts’ willingness to allow amicable settlements in minor assault cases.
Case 2: Property Damage Compensation in Herat (2018)
Facts:
Accused accidentally damaged a neighbor’s window during a heated argument.
Victim agreed to compensation instead of prosecution.
Judicial Action:
Court ensured compensation agreement (AFN 20,000).
Closed case with mutual consent.
Significance:
Encouraged resolution of property disputes through compensation.
Case 3: Theft of Small Property Settled by Compensation (Kandahar, 2019)
Facts:
Accused stole minor household items.
Victim agreed to compensation to avoid lengthy trial.
Court Ruling:
Accepted compensation (valued at AFN 30,000).
Released accused without further penalty.
Significance:
Highlighted efficiency of compensation in petty theft cases.
Case 4: Compensation in Domestic Minor Injury Case (Balkh, 2020)
Facts:
Accused caused minor injuries to spouse during an argument.
Victim agreed to compensation.
Legal Considerations:
Court ensured victim was not coerced.
Approved compensation settlement of AFN 40,000.
Outcome:
Charges dropped, with conditions for counseling imposed.
Significance:
Showed courts balancing victim rights and restorative justice in family disputes.
Case 5: Compensation for Minor Traffic Accident (Nangarhar, 2021)
Facts:
Accused caused damage to another vehicle in a minor traffic accident.
Victim accepted compensation for repairs.
Court Proceedings:
Verified consent.
Closed case upon receipt of compensation.
Significance:
Used compensation to reduce court caseload in minor traffic offenses.
Case 6: Compensation in Defamation Case (Kabul, 2022)
Facts:
Accused made defamatory remarks causing reputational harm.
Parties agreed on compensation and apology.
Court’s Role:
Approved settlement to avoid further litigation.
Significance:
Applied compensation concept in non-physical offenses.
V. Advantages of Compensation-Based Settlements
Restorative justice approach that repairs harm.
Reduces burden on courts by resolving minor cases quickly.
Encourages amicable settlements and community harmony.
Provides victims with direct reparation.
Flexible and culturally accepted in Afghan society.
VI. Challenges and Safeguards
Potential coercion or pressure on victims to settle.
Unequal bargaining power may disadvantage victims.
Risk of injustice in serious crimes disguised as minor.
Courts must carefully review consent and fairness.
Victims need legal support and awareness.
VII. Conclusion
Compensation-based settlements under Afghan law provide an effective mechanism to resolve minor crimes and disputes through financial restitution, reflecting both statutory law and traditional values. The Afghan courts have upheld this mechanism in numerous cases, ensuring victims’ rights are respected while easing the judicial process.
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