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

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Fattahi Heydar; SEPEHRI RUHOLLAH

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Journal Paper

Paper Information

Journal: Legal Research Year:2023 | Volume:26 | Issue:102 Page(s): 457-476

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Information Journal Paper

Title

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

Author(s)

Fattahi Heydar | SEPEHRI RUHOLLAH | Issue Writer Certificate

Keywords

Personality file

criminal

preliminary investigation stage

individualization of punishment

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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