Document Type : Original Article
Author
PhD student in criminal law and criminology at the University of Judicial Sciences
Abstract
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.
Keywords
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