نوع مقاله : مقاله پژوهشی
نویسنده
عضو هیئت علمی دانشگاه علوم و تحقیقات تهران، تهران، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Contemporary criminal justice is founded on the individualization of sentencing and proportionality between the offence, the offender’s personal characteristics, and the judicial response. Within this framework, the offender personality file functions as a key instrument by collecting multilayered information for the assessment of the offender’s psychological, social, and behavioural background. By providing comprehensive data, it enables a deeper understanding of the roots of criminal behaviour and supports more informed judicial decision-making, thereby contributing to restorative justice, offender rehabilitation, and the reduction of reoffending. The status of this mechanism in the current legal system is significant not only at the sentencing stage but throughout all phases of criminal proceedings and even during the rehabilitation process. This study offers a comparative analysis of the offender personality file in the Iranian and English legal systems. In Iran, the concept was introduced by the 2013 Criminal Procedure Code, making its preparation mandatory for serious offences and juvenile cases. However, the institution faces practical challenges and legal ambiguities, indicating that its effective implementation requires substantial structural reforms. In contrast, the English system has long employed this tool—encompassing psychological, social, and familial assessments—across all stages of proceedings. Cooperation among courts, mental-health services, and social agencies enhances the accuracy and effectiveness of such reports and contributes to reducing recidivism. The findings show that adopting successful English practices, while adapting them to domestic legal and institutional conditions,
کلیدواژهها [English]
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