The role of personality file formation in the prevention of juvenile delinquency
Although the personality file is used in substantive criminal law and helps the judge determine the appropriate response to the offender, the basis for access to it is formal in criminal law. For this reason, in order to protect the rights of the accused, in order to prevent harm caused by detention and imprisonment, the legislator has provided for the case of the person in the Code of Criminal Procedure. Pursuant to Article 14 بند of the Instruction on the Establishment of a Personality Case by the Honorable Head of the Judiciary, judges regarding criminal security appointments and judicial supervision, in accordance with Article 250 of the Code of Criminal Procedure, must examine the defendant's background, physical characteristics, position and personality. And then issue the appropriate appointment. However, at present, without considering these facts and timely formation of personality files, inappropriate appointments are issued. This study, while explaining the importance and necessity of forming personality files in the early stages of criminal cases, tries to use the analytical method. Examine the status of filing a personality file in the criminal process in order to achieve criminal justice. The results of this study show that due to the fact that the case of personality is emphasized by the legislator in terms of formal rights and is a necessity of a fair trial, but in the preliminary investigation stage, especially in juvenile criminal proceedings, the criminal justice system is reluctant to enforce It does not have to.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.