The role of penal process in prevention of crime and its repetition

Penal process is the penal justice course in «the organizations of the penal trial code». A preventative interpretation of penal process, in fact, associates the relation between criminology and the penal trial code. Nature, structure and method of the performance of those in charge of penal process from arresting to the stage after sentence execution (post-penal measures) could, based on these organization's orientations, reinforce and intensify norm obedience and socialization or, on the contrary, norm disobedience and isolation of those experience it and finally paves the way for crime repetition. Such behaviors within the framework of «clinical criminology» help to the formation of antisocial personality in individuals and based on «interactive criminology» they could make crimes out of the attributed charges and the accused and criminals out of the suspects. In this direction, while individuals arrested by the police and then in preliminary researches in the office of public prosecutor if the behavior of those in charge of these organizations isnt generous -like the type mentioned in the civic rights ratified in Ordibehesht 1383- with suspects and the accused, it could lead to many probable effects for individuals and the society. Use of the «prosecution alternatives» like prosecution suspension and deal of accusation, observance of the defensive and civic rights of the accused and the proportionality of issuing the security penal rulings in this stage could prevent individuals from no more being in the process of penalization. In the court stage also by considering the criteria of a just prosecution, forming the «personality file», making the proper decision and use of «imprisonment alternatives» like punishment suspension can prevent from sending people into prison that brings about corrupt consequences. By taking advantage of all these plans if an individual be sent to prison, s/he must not be isolated, but the prison correctional plans can help the prisoner to be socialized again and finally prevent them from repeating criminal deeds. To gain such goal the post-penal stage which is in fact the post-punishment protection and surveillance must be added to penal process stages.