The effectiveness of the criminal justice process of filing a character file

Document Type : Original Article

Authors

1 law faculty, Criminal law department, Azad Islamic University, Karaj Iran.

2 Assistant Professor, Law Faculty, Islamic Azad University Of Naragh

10.48308/jlr.2022.229239.2358

Abstract

Abstract

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.

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History

  • Receive Date: 26 October 2022
  • Revise Date: 15 July 2023
  • Accept Date: 23 November 2022

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