جستجوی مقالات مرتبط با کلیدواژه "پرونده شخصیت" در نشریات گروه "فقه و حقوق"

The Criminal Procedure Code enacted in 2014 has sought to take an important step towards expanding the scope of the principle of individualization by providing for the establishment of personality record during the preliminary investigation (inquiries) stage, thereby aligning judicial decisions with the personality of the accused. The formation of a personality record is important in the preliminary investigation stage because the prosecutor’s office authorities take into account the internal, physical, familial, and social components of the defendant, find out the motives and causes affecting the commission of the crime and issue the best decision in accordance with the personality of the accused. The present study, using a descriptive-analytical method and collecting the required information using library studies and emphasizing the approach of Iranian judicial precedent to the application of personality record in criminal investigations, has attempted to influence the personality record in the preliminary investigation stage. The findings of the research show that it is possible to benefit from the personality record in all decisions, components, and different stages of preliminary investigations, which begin with the process of summoning and arresting, the middle of which is with the arraignment, questioning of the accused, issuance of an order and judicial supervision, and end with the final order and indictment. However, the prosecution and investigation authorities seek to make minimal use of the personality file by restricting it, with the explanation that, on the one hand, before the issuance of a criminal protection order, the basis of the personality file is not formed, and as a result, judicial actions and decisions are devoid of influence up to this point. However, the prosecution and investigation authorities seek to make minimal use of the personality record by restricting it, with the explanation that, on the one hand, before the issuance of a criminal security order, the basis of the personality record is not formed, and as a result, judicial actions and decisions are devoid of influence up to this point. On the other hand, they proceed to form a personality record only in mandatory cases of formation and regarding the revocation of the detention order of the accused or the issuance of some leniency measures such as the suspension of prosecution for children and adolescents, and not in a comprehensive and widespread manner.

The purpose of this research is to study the legal-criminological case of the personality with a preventive approach in Iranian and Canadian law, which was carried out in a descriptive-analytical method and based on library sources. The results of this research show that in the criminal system of Canada, the personality file and generally paying attention to the personality of the criminal has a high position in comparison with the criminal law of Iran. In Canadian law, as in many countries where preliminary investigations are conducted by an investigating judge or an investigator, he is ordered to create a character file so that after the trial, if the accused is found guilty and based on the reports in the personality file should act to determine the appropriate, effective and useful response. On the contrary; Iranian criminal law does not provide for the filing of a character file explicitly and as a central approach in criminal proceedings, and it is declared mandatory only at the stage of execution of the prison sentence in order to classify the prisoners. However, according to some articles of the Islamic Penal Code (Articles 22 and 25) and the Criminal Procedure Code (Article 222), it can be said that a criminal judge, in order to issue a verdict or a fair decision towards the criminal, implicitly prepares a character file as one of the accessories of the proceedings. Although the filing of a character case, how it is done and by whom is a question, the compilers of the 1390 Penalty Bill have taken a more appropriate approach compared to the current law and implicitly in some articles They have considered the personality case, which we will refer to in the upcoming discussions. It should be noted that the legislator in drafting the criminal procedure bill in a rationalistic action, although with a remarkable delay in Article 200 for adults and in Article 286 has provided for the filing of a character file for children and teenagers only in serious crimes and of course in the preliminary investigation stage.

The policy of correction and treatment and individualization of punishments can only be achieved by identifying the personality of the perpetrator and the risk and protective factors, and the personality profile is a tool for implement of this policy. Including extensive personal, family, social, and criminal information, the personality profile is crucially important in juvenile cases, due to the impairment of cognitive development. This is confirmed in Article 286 of the Criminal Procedure Law. However, the law is silent about the impact of it on the judge's decision. The manner of filing it in Iran and its great distance from the standard tests based on the model of risk-need-responsibility creates the ambiguity that the insufficiency of the laws may lead to incomplete and bureaucratic implementation. In order to resolve this vagueness, applying the method of secondary and quantitative analysis of data, 43 personality files from the criminal cases of juveniles in 2023 were examined in the Criminal Branch 2 of the juvenile Court of Hamedan and their rulings were studied and the vital information was copied from their personality profile.    The findings of the research indicate that personality profile has been prepared for all juveniles accused of 4th to 6th degree of Ta’ziri crimes, but the questions are far from the standards of assessing the delinquency of juveniles and there is no accurate method to determine the risk level of juvenile recidivism and the decisions of judges are not much affected by the contents of the personality profile.

Crime, as a human and unavoidable fact, has always been the focus of lawyers and criminal psychologists. On the other hand, the individualization of punishments as a necessary principle and its manifestation in judicial decisions requires tools, and the creation of a character file is one of the most basic of these tools. The personality file must contain a detailed and specialized report by psychology, psychoanalysis, psychiatry, and social workers, in which complete and accurate information about the psychological, social, economic, and cultural conditions of the accused or criminal. In Iran's legal system, unfortunately, despite the provision of this establishment in the Criminal Procedure Law as well as the Islamic Penal Code, the filing of personality files is done purely ceremonially and only for the purpose of classifying prisoners. At the same time, the effectiveness of the criminal trial process and the efficiency of this process with the help of filing a character file is not hidden from anyone.

In explaining the cause of crime and its formation, criminologists mention psychological factors along with biological and social factors, and they consider the personality of the delinquent to be the most important factor among the psychological ones. Today, this category has passed the boundaries of psychology and criminology and entered into the field of criminal law. The delinquent personality, which is the basis for the individualization of punishment in today's criminal law, has caused the punishment of each person to be considered according to their personality. In various articles of the Islamic Penal Code enacted in 2013, as well as some of the articles of the executive bylaw issued by the Prisons and Security and Corrective Measures Organization enacted in 2005, the Iranian legislator has provided for the filing of personal files and in articles 203 and 286 of the Criminal Procedure Law enacted in 2013 and the circular of the head of the judiciary has also addressed the necessity of its formation; but by referring to the judgments issued by the courts, we will find that despite the legal requirement in cases of formation, its content is not taken into account in issuing the verdict; therefore, the authors of this research are going to discuss its role in Iran's criminal law and the reasons for the courts' reluctance to comply with the provisions of this legal task after explaining the issue.

In order to implement criminal justice, the Iranian legislator, regardless of the specific pattern, goals and function of the legal sections, has passed the law, sometimes following the example of Western countries. In a way that in general, the purpose and efficiency of legal the legal sections, especially those that are tools and solutions for other the legal sections, is not well understood and in addition to not paying attention to other provisions in the legislation of legal the legal sections, sometimes leads to their ineffectiveness. Recognizing the functions and goals of personality file formation and the approach of paying attention to the victim along with crime, term justice as a new paradigm of criminal justice, the need for justice and justice and the turmoil of legal the legal sections, the need for a restorative approach in character file more than before Makes visible. An approach that ultimately reveals the necessity of filing this case in crimes with a lesser punishment than what is mentioned in the law and paying attention to the case of the victim. Amending the legal section 203 of the Code of Criminal Procedure and harmonizing it with other the legal sections according to the goals and functions, along with writing a guarantee of proper implementation and an efficient regulation will solve the current problem of not paying attention to the personality of individuals despite the legal obligation.

The formation of personality files in the modern sense is one of the effects of the twentieth century. In the second half of the twentieth century, the formation of personality files and also the need to identify the personality of the perpetrator has been considered as one of the most important and fundamental axes in the field of criminal law in most international conferences and country law. Given that children and adolescents in terms of their sensitive and delicate spirits have paid more attention to this important issue. In Iran, conducting social, personal and family investigations of children contrary to the law is provided in Article 7 of the Law on the Establishment of Juvenile Juvenile Court in 1338, and after that in the draft bill of the Criminal Procedure Code of 1352, Article 222 of the Law The procedure of general and revolutionary courts in criminal matters is foreseen in 1392. But unfortunately, it is observed that there are obstacles and gaps in the formation of personality files regarding children and adolescents that need to be reviewed by the legislator and obstacles removed, so that paying attention to the personality of children and adolescents in order to re-socialize them is very important.

The issue of children's health, as the richest social capital of the present age, is considered very important. The right to health, as one of the human rights, has various dimensions, including mental health, which means benefiting from positive personality-behavioral characteristics and the absence of mental and psychological problems. Juvenile delinquents also have this right as one of the most vulnerable human groups, and the differential criminal justice system, which aims to rehabilitate this group, is bound to pay attention to it. In fact, since the foundation of this system's support and treatment programs is based on identifying risk factors and implementing supportive measures, identifying the mental and psychological problems of delinquent children and then measures to reduce their effects are included in this section. In addition, paying attention to the right to mental health based on human rights strategy is considered essential in the context of juvenile delinquency; also, paying attention to the mental health of children and adolescents is one of the main axes of differentiation of this system and predicting the structure, actors and supportive responses. In other words, the juvenile criminal justice system has the capacity to recognize the right to mental health of this group. The employment of trained actors, the presence of a counselor in the response process, the right to file a personality case, the individualization of the responses, and the presence of the family at the response stage are examples of existing capacities

It is not logical to convict the offender without considering his personality, and in addition to the crime, the judicial authority should pay attention to the factors influencing the commission of the crime, including psychological, physical and social factors, and should understand the causes that made an ordinary person a criminal. Find those knowledge factors. Otherwise, the decision he will make will not only not be based on justice, but is cruelty. The history of the personality file should be studied during the views of the criminal schools on the categories of crime and punishment. Venice also determines the punishment with appropriate security and training measures with the perpetrator of the innovations of the new school of social defense. In the new bill of Iran's criminal procedure approved in 1392 in the Judicial Commission of the Islamic Consultative Assembly, the formation of a personality file is required to investigate the accusations of adults and children and adolescents in important crimes and in other accusations children and adolescents are considered by the judge. In this article, we have tried to define personality and nature and methods of assessing personality and the benefits and necessity of personality file in all stages of the trial. The purpose of this article is to recognize the necessity of forming a personality file in the Code of Criminal Procedure.

Penalization & treatment have been proposed in criminal justice system. In the last decades of the twentieth century, penalization system has been seriously criticized, the approach that gives no significant role to all stakeholders of crime. Particularly victim, who is merely, means to prove the crime. Theory of treatment the offender / rehabilitation also, mainly criticized with the lack of effective action or operation in the fight with criminals and false kindliness to them. Following the criticism, restorative justice as a new model / paradigm / approach of criminal system appeared. This approach concentrates to improve the effects of the crime on the victim and not the main focus on the sovereignty as a victim. The present research wanna to have a pathological view about this paradigm as one of the main types of participatory criminal policy to present the ways amount to the most successful results of restorative justice in practice.

Sentencing for cybercrimes as a formal and mandatory response is the most important way to deal with these crimes. Sentencing means judge discretion for selecting proper sentence for convicts of cybercrimes. Sentencing is applied in three states: change of legal punishment, imperfect execution of sentence and non-execution of sentence. At first glance, sentencing for cyber criminals is similar to other criminals but differential legal penalization leads to differential sentencing. Differential approach to sentencing for cybercrimes is based on contradiction relationship between cybercrime and cybercriminal. As much as cybercriminal deserve for easy sentencing for due to factors such as age, gender, location of offense and its circumstances, talents and high qualities, vice versa cybercrime deserves rough sentencing due to widespread damages, easy commit of multiplicity of crime, commit in different places, multiple challenges for cyber forensic and prosecution like anonymity. The importance of sentencing is depends on understanding the conflict between deserves of cybercriminal and concerns of cybercrime.

Extension of the scope of the principle of Individualization of decision to all criminal process, in particular the preliminary investigation stage is one of the most important achievements of modern criminology and one of the foundations of changing in the approach of legislator of the new criminal procedure code. One could even say that the adoption of appropriate tracking systems and differential systems of justice (for children, juveniles and militaries), if is based on the character accused, is embodiment of individualization of decision. The preliminary stage is of high importance because in this stage the judgment on the culpability of the accused is not being delivered. At this stage by using correct and appropriate criminal policies and effective criminal prosecution and trial by taking into account the character of the accused, the unfortunate consequences of the individual labeling and his involvement in the criminal arsenal may be avoided. Today, due to advances in criminology, especially the introduction of clinical criminology, the criminal process, reform and rehabilitation of offenders beyond the mere retribution has been subject to considerable attention (although it has been opposed by some lawyers due to ineffectiveness of clinical criminology). Even in some cases, it is in the interest of the community not to involve the individual in the criminal process. It is also better for the individual himself. Therefore, it is not good to regard criminal laws as rigid inflexible. It means that law enforcement officers need to apply the law and legal institutions for administration of justice. They should not adapt rules of law to offenders such as devices affixing numbers on the goods.

Because of a crime crisis in societies through 80’s، stabilization in criminality noticed by criminologists. A dynamic fact and stable process which in it، in lack of management in criminal justice، juveniles and immature earlier criminals، might be in danger and as a result، today’s potential stabilizer criminals are tomorrow’s chronic stabilized ones. Beside other ecological، mental and social crime-making bases، notion of criminal justice of adolescents to punishment and other mere retributive ways with no consequentiality or individualization of punishment added to previous problems. Now by restricting the young criminal in the official procedure of monitoring، the tendency of stabilization of crime is doubled. Individualization of punishment and performing effective social reactions requires precise recognition of criminal’s personality. This recognition is possible only by scientific and inclusive study of young deviator’s personality in a necessary process in which we call it afterward “personality profile”. Profiles that will help criminal justice، to decide on the best decision prevent the return of young criminal to the previous habitual illicit way.

tudding the human being personality has been taken into consideration from ancient time and different opinions have been proposed about it. Given to the importance of the research about human being as the center of the universe ad having rights, studding the personality of the offenders as human beings has been also taken into consideration of legal systems specially criminologists. The personality case that its necessity formation for the criminal process has been taken into consideration from the second half of the twentieth century, it contains the results of psychology, medical and social studies and tests about the accused and the sentenced. Studding these results and in general the measures have been done, criminal justice practitioners attempt to match penalties, safeguarding and educational measures and in general the judicial decisions with the personality of the accused or the offender. Formation of such a case in the Iranian penal code, in some laws including the Penal Code of 22 and 25 of the current Islamic penal code and 63, 59, 39, 37 Articles of the new Islamic penal code approved in 1390 and also in the Articles 47 & 64 of the implementing regulations of the prisons organization and safeguarding and educational measures of the country has been considered implicitly or explicitly. However, in some countries, like France, personality case formation is required in the preliminary investigation of the crime and also in the condition of granting parole suspension referring to the personality case is necessary.