Obstacles and challenges of creating a character file in a scientific way According to the criminal laws of the Islamic Republic of Iran
Prepared by the researcher : Khurshid Azizi Mizab – Ph.D. student of criminal law and criminology, Aras campus, University of Tehran, Iran
Democratic Arabic Center
Journal of Iranian orbits : Twenty-two Issue – December 2023
A Periodical International Journal published by the “Democratic Arab Center” Germany – Berlin
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Abstract
Nowadays, the filing of a personal file along with a judicial case is one of the necessities of a fair trial, and in all the legal systems of the world, this issue has been foreseen by the legislators. In the criminal law of Iran, in one example, the filing of a character case in the prosecutor’s office makes the judge use the appropriate individual method in the interrogation and the investigator can issue the best appointment, but there are many obstacles on the way to the filing of the case. character and judicial decisions are based on it. These obstacles are: legal obstacles, judicial obstacles, executive obstacles. From the category of legal obstacles, we can mention the many criminalizations of the legislator and the lack of attention and accuracy of the legislator to this legal institution and the resolution of numerous ambiguities. Among the judicial obstacles, we can point to the weakness of this legal institution’s training for judges in the judicial system and the non-scientific appointment of judges. Among the implementation obstacles, we can mention the non-allocation of financial resources and infrastructure limitations. In order to overcome these obstacles, all three powers should work together to resolve ambiguities and deficiencies, and to establish justice in criminal proceedings and treatment of criminals, and to prevent future recidivism and treat people with Pay attention to the dangerous situation and correction of criminals.
introduction
In the past, no importance was given to the character of the criminal in determining the amount of punishment, and only the crime and the consequences of the crime were important in determining it. With the emergence of the affirmative school, attention was paid to the character of the criminal, and criminal justice was realized by paying attention to the character of the criminal. In 1591, the United Nations established the Brussels European Assembly and advised member states to include medical, psychological and social tests of defendants in their laws. The international congresses on prison affairs in 1591 in London and 1591 in Elaha insisted on testing the accused before trial. In the international gathering in 1591 AD in Rome, Di Tollio also emphasized on the creation of a personality file (Najafi, Irandabadi and Hashem Beiki,1951: 66).
In this article, we will focus on it to first define Personality and the factors affecting its formation and then we will discuss the position of the personality case in Iran’s criminal law and then examine the obstacles to the formation of the personality case.
Definition of personality
Character in the word means honor and magnanimity, and in the definition of character, it should be said that the character of every human being is a combination of unique characteristics that affect all aspects of his life.
Effective factors in character formation
Factors that play a role in personality formation include external and internal factors. From the internal factors, we can refer to heredity and endocrine glands, and from the external factors, such as geographic and social environment, environment before birth, family and school education, culture and religion, economy, etc. are very influential. are.
The position of the personality case in Iranian law
The personality file contains complete information about the physical, psychological, biological, social and family characteristics of the criminal. The character file helps the judicial authority to obtain the opinions of experts and experts of various sciences, and to know the various factors that have been effective on the criminal phenomenon, and to determine the contribution of each external factor and the contribution of discretion in line with the principle. Individualization and the will of the criminal and the criminal motivation of the criminal, to make the best decision so that the goal of reforming the criminal and not repeating the crime and eliminating the dangerous situation is fulfilled, and the principle of individualization of punishments is implemented so that justice and fairness are observed. This is the politics of restorative justice. The collection of these researches and experiments of experts is called the various sciences of observation. Obscuration as later
It will be explained, in all stages of the proceedings, even after the punishment. Individual goals in line with the principle of individualizing the punishment and observing justice for the criminal, as well as reforming the criminal and treating him and returning him to society and preventing the repetition of the crime and combining the interests of the criminal with the interests of society and preventing the spread of harm. and the damages caused by the crime to others, including the family and the criminal’s job, are implemented. Social goals are implemented by implementing the principles of correction and treatment (which was studied and emphasized for the first time by Di Tulio) and prevention by development
social (that is, first the society should be reformed and then the criminal) and the formulation of a perfect and just punishment law that provides individual and social freedoms are accessible. Followers of the classical school believe in committing crimes. They are criminals with their will and free will and should be punished. But the followers of the realist school do not believe in free will and believe that the criminal is not free to commit a crime and the commission of a crime is outside of his will and authority. The followers of the social defense school Naveen also believe that the basis of criminal proceedings is the criminal and that we should study the personality of each criminal separately and treat them. In general, creating a personality file, which is one of the achievements of applied (clinical) criminology, In addition to the judicial case, a fair trial is essential, and as a result, the judicial authority can take the most fair decision in order to reform and punish the criminal. The important point is that the judicial procedure must also align itself with this development (in order to implement Article 196 of the Islamic Civil Code, paragraph 9 and prevent the occurrence of crimes and reform criminals). In the French legal system, according to paragraphs 6 and 7 Article 11 of the Code of Criminal Procedure approved in 1591, the creation of a character file is mandatory in criminal crimes and optional in misdemeanor crimes. In French law, it is the investigator who orders the creation of a character file and this process is through appeal (Rehabilitation and Probation Committee of the Prisons Department) or the institution of judicial support for young people or all the centers that have this executive authority. The investigator can act as a proxy to the judicial police to conduct the investigation. In terms of the similarities between the laws of the two countries of Iran and France, paying attention to the achievements of French criminal law and using them in the compilation of character files in criminal cases can be useful. In Iranian criminal law Implicitly and in French criminal law
The influence of the personality case in the suspension of the execution of the punishment has been explicitly mentioned. In the criminal law of Iran, as stated in Article 119 of the Criminal Code, the judges in the preliminary stage, according to the personality of the accused, deserve And they determine the amount of entitlement of the accused from the abbreviated qualities. Also, in Article 191 of the same law, it is necessary for the judge to pay attention to the character of the accused when issuing a penal provision order, and the criteria for the appropriateness of the penal provision order are stated, which are the two criteria of the rule regarding the issuance of this order. And in the last part of the article, which is stated:
mental and physical condition, age, gender, personality and dignity, a subjective criterion is taken from
issuing a criminal provision order, and because in subjective criteria
due to their generality, the hand of the judge In order to issue a suitable order, the judge can use the customs and criminologist and psychologist in this case, and in fact, this last part of the article has directed the attention of the authority issuing the order to the character of the accused.
and as a result, the issuance of an appropriate decision about the accused depends on the filing of a personal case in the preliminary investigation stage, and according to Article 119 of the same law, the social worker is ordered to file a personal case (in the case of serious crimes) Such as deprivation of life, amputation, life imprisonment, or 4th degree punishment or higher, according to this article, it is mandatory to file a character file. In the case of defendants under 11 years of age, this order is also issued according to Article 117 AD. K.1951 is carried out due to the difference in their mental and physical condition and the difference in the purpose of their proceedings. And the filing of the identity file for them is also mandatory according to Article 116 of the Criminal Code (in penal crimesgrade 9 and 6). In the suspension of the prosecution, the prosecuting authority can also issue an order to suspend the prosecution in cases where it does not find it useful to initiate a lawsuit, considering the character of the accused. Grade 7 and 1, it provides for the issuance of filing order according to the character file and social records of the accused and the circumstances of the accused when the crime occurs, by obtaining a written commitment, if necessary, once.
In the Islamic Penal Code 1951 also mentions the character of the accused and the need to file a criminal case in the following cases: 1- Paragraphs a and t of Article 11 (in the issuance of a punishment sentence) Article 14-9
4- In Article 95, exemption from punishment in taziri crimes of 7th and 1st degrees with identification of correction of the perpetrator
9- In Article 41, for postponement of sentencing
6- Article 46 for suspension of execution of punishment
7- Article 91 for conditional release
1- Article 64 for alternative punishments of imprisonment
5- Article 191 in order to detect the dangerous state of the insane in order to keep him in a suitable place until this condition is resolved In all the above-mentioned cases, filing a personality file in line with the use Among the institutions of postponement of sentencing, suspension of execution of punishment and mitigation of punishment are necessary. They are the stage of establishing guilt and are applied if the perpetrator’s corrections have been confirmed by the judicial authority through his records. Note 9: Regarding Article 9, the judicial authority has the authority to postpone the issuance of the sentence in all crimes. He does not have the right, but only in Ta’ziri crimes of the 6th, 7th and 1st degree, after the determination of guilt, on the basis of the criminal’s personality file, he can postpone the sentencing for 6 months to 1 year. This postponement of the verdict is a decision, not a verdict. As a result of issuing it at the stage of prelim inary investigation, it has no place. In Article 49 of the same law, following Article 41 and the statement of postponement of the issuance of the order, obtaining the necessary information in that field requires the filing of a personality file. Note 4: Regarding the sixth case, in suspending the execution of the punishment, the court does not consider the execution of the punishment to be appropriate in his case, considering the circumstances of the criminal, and he is given another opportunity to correct himself. Shambiati, Houshang, General Criminal Law, Volume 3, First Edition, Tehran, Majd Publications, 1959, p. 165. Of course, the suspension of execution of the punishment is only applicable in taziri crimes of degree 9 to 1. Note 9 The correction of the perpetrator is provided in Article 64, paragraph b, and this provision requires the filing of a personal file.
Note 6: The necessity of filing a character file in order to issue a sentence suspending the execution of punishments is implicitly taken into account in the law. Note 7: Regarding the necessity of filing a character file in alternative punishments, imprisonment according to the unanimous decision of the Supreme Court. Compliance with the conditions stipulated in articles 65-61-66-69 is mandatory and the imposition of punishments instead of imprisonment is not limited to the plaintiff’s pardon or the existence of mitigating circumstances (according to article 64 of the Criminal Code). In order to realize the attitude of de-incarceration, in order to determine punishments instead of imprisonment, it is necessary to file a criminal case file and it is considered as the first step in the ladder of de-incarceration (Shahrokhi, Hamid- Moradi, Hadi, a criminal judge and the need to file a case. Character, Asalh and Tarbiat Magazine, No.91, 1914, p. Filing a case is the character of the criminal. The importance of filing a character file in the stage of execution of sentence and punishment is stated in the 1914 Prisons Organization Regulations (Article 65-67-69-9) by the legislator and shows the concern of correctional therapy. It is to prevent the criminal from repeating the crime again, and at this stage, the formation of the character file is mandatory. Article 197 of the Constitution considers the purpose of punishment in prison to be professional training, rehabilitation and rehabilitation. Even in some countries and penal systems, the punishment execution stage is also a judicial stage, and for this stage, a court called the Punishment Execution Court has been provided, and the judge of this court is capable of ruling in In order to correct the criminal, the main court should give and adjust the direction. Even the convict has the right to object to the rulings issued by this court, which is called judicialization of the punishment execution stage (taken from the book of judicialization of the punishment execution stage, written by Ali Hossein Najafi Irandabadi). Note 5: The prisoner’s personality file is formed by a commission consisting of psychologists, assistants, cultural and educational specialists, headed by the head of the prison or his representative, and the meetings of this commission are held once a month and are included in the prisoner’s file. (taken from the description of the executive regulations of the prison organization, written by Amin Rajabi). Note 11: Article 919 of the Criminal Code also mentions the personality of the convict during imprisonment. Note 11: The influence of the character file even in private amnesty was not without effect and according to Article 1 of the approved amnesty and reduction of punishment of convicts regulations, 1917
the commission, if its opinion is favorable to the pardon of the criminal, will send a report on the status of the convict to The Secretariat of the Central Commission will send and the Secretariat will review the amnesty proposal within 19 days at most and send it to The secretariat of the commission announces (the subject of Article 14 of this regulation). The commission also sends the agreement to the head of the judicial branch within 19 days to be approved or rejected, and then the same commission lists the approved persons. presents it to the leadership (according to Article 19 of the same regulation). Note 11: Compliance with the conditions stipulated in paragraph 9 and paragraph 6 of article 14 of the aforementioned regulation requires the filing of a personality file. Note 19: In pardoning a convicted person, it is not necessary to have the necessary conditions for pardon
it is not conditional
Note 14: In case of conditional release, amnesty is not granted.
Note 19: In Paragraph A of Article 91 of the Criminal Code 51, transfer The character of the prisoner is stated as a condition for granting parole. In paragraph b of Article 91, the second condition is the assurance of the judicial authority that the criminal will not repeat the crime, and that is the circumstances and behaviors of the convicted person and its proof. It is only through the creation of a character file. Note 16: The creation of a character file is mandatory even in the post-criminal period. After the punishment, for some time, the prison organization with the help of the society seeks to follow up on the individual’s situation (Article 195 of the Code). The letter of the Prisons Organization.
This stage is prepared to adjust the reverberating effects of punishment, at the community level and to prevent being labeled as a criminal (Najafi Irandabadi, Ali Hossein, Criminological Approach to the Law of Citizen Rights Collection of Citizen Rights Conference,1911, pp.11-15.) According to Article 195 of the aforementioned regulations on the execution of prison sentences, at the end of each week, the names of the convicts who have 1 month left to the end of their sentences are submitted to the investigation and assistance department. and the care department provides material and spiritual support with the help of various institutions and associations until 9 months after their release. The type and amount of these protections depends on factors such as the type of crime and their conviction and their personality files during their prison sentence. As a result, the filing of a character file in the post-criminal phase will lead to the correction of the criminal and prevent the repetition of the crime. In addition to the aforementioned, in the Sixth Five-Year Plan for the Development of the Country
approved in 1959, in Clause D and Article 119 of the Table of Legal-Judicial Development Indicators, the importance of the formation and implementation of the personality case is mentioned, and the judiciary is obliged to take action to promote These indicators and the government are obliged to provide appropriate appropriations and budgets during the annual budgets. However, in general, despite the legislator’s predictions for all the necessary cases for the creation of a personality file, which is discussed in detail above. In Iran’s legal system, there are difficulties and obstacles in the process of filing a personal file, which has made the filing of a personal file an administrative formality.
and impersonal. The most important category of executive obstacles effective in reducing the efficiency of correctional treatment of offenders is in cases that are more related to para-judicial institutions, that is, background is necessary and without these background it is not possible to compile a comprehensive personality file. We will mention the most important ones in the following:
Legal obstacles
Absence of legal requirement to file a personal file
Many legal systems of countries have foreseen the necessity of filing a personal file. As it was mentioned before, in the legal system of Iran, it is also mentioned to examine the personality dimensions of the accused or the criminal by the judicial authority. But it is not foreseen to file a personality file independently and separately from the criminal case. The cases in which the filing of an identity file is clearly provided for in Article 111 of the 1971 Criminal Code and in the case of delinquent children, which of course is considered an optional matter and the authority to file it is left to the courts. and also Article 119 AD 1951, which, after mentioning the cases of filing a personal case, states that this case is filed separately from the criminal case. In Iran’s criminal system, the filing of a character case is after the conviction, not in the accusation stage and in the five stages of the criminal proceedings, it has been implicitly considered by the legislator. And it should be mandatory at least in serious and criminal-level crimes in order to identify the perpetrators and how to deal with them.
Condensation of criminal cases as a result of the inflation of criminal titles and sequence its corruption in the individualization of judicial decisions An issue that has been strengthened in recent years by criminology thinkers in the fight against violence and criminality is the discussion of substituting violence with negotiation and the effect of combating criminal inflation and reducing criminal charges in reducing the number of deviants. Haste (Perfit, Alan, Mohseni, 1971, 119-144), Morteza, among the ways to achieve this goal and to individualize the punishments, filing a case, character through examining the personality dimensions of the accused or criminal by experts, and specialists and presenting the case to the judicial authority to determine a fair punishment with the aim of reforming and treating the criminal. It is also necessary to give enough time to the experts and the judicial authority because it is a very time-consuming task. This condition is also fulfilled when the judicial authority (both in the prosecutor’s office and in the court) should not face the density of cases otherwise accuracy will be sacrificed for speed. One of the ways to reduce the number of criminal cases is to limit the criminal titles because when the legislator of any kind The law approves any type of resolution, determines penalties to guarantee their implementation, and the competent authority to deal with them has been introduced by the judicial system, and the result of this will be the swelling of cases in the courts. The trial judge has turned into a judgment machine without having time to analyze the character of the accused. According to the statistics provided by the judiciary in 1919, the number of incoming cases in the courts was about 7 million. That is, 11/1 of the country’s population in the same year. Inflation of criminal titles has caused the public belief and deterrence aspects of the law to decrease and the burden of the judges’ responsibility to become heavier. Therefore, the legislator should avoid excessive criminalization and Avoid confinement and act to reduce criminal charges. For example, decriminalizing ransom from criminal matters and handing it over to legal courts, the inflation of criminal court cases will be reduced, while it is thought that May this act encourage people to commit crimes against themselves or their members and be careless and careless leading to this crime. But first of all, the nature of ransom is not punishment, so to say, it is a kind of guarantee of criminal execution, but a kind of guarantee of civil execution. and it is damage, and secondly: with the presence of articles 611-614 and 616, the above objection will be resolved. Also, another step in this direction is taken by assigning the handling of violations of civil registration or natural resources and other institutions to the internal commissions of the institutions themselves) Arefi Manshani, Mohammad, The Legal Nature of Diyeh and Analyzing Meezan It, the first edition.
Lack of diversity in guarantee of criminal execution
The judge must determine a suitable punishment for each criminal according to his personality file so that the principle of individualization of punishments is implemented. In other words, there should be diversity in the guarantee of criminal executions, that is, by predicting the types of punishments, the legislator should leave the hands of the judge free to individualize his opinions and choose the best way to treat and reform the criminal and guarantee the rights of society. ~Guarantee of criminal executions in criminal law is provided in a limited way as a result of the individualization of punishments, it will not be implemented. With the approval of the bill on alternative imprisonment punishments by the legislature, prepared by the judiciary in 91 articles and 14 notes, this obstacle will be removed to some extent.
Judicial obstacles
Educational weakness as a result of neglecting the importance of the subject
In Iran and according to the law, the necessary condition to enter the position of judge is to have a bachelor’s degree in law or judicial science. This is while only the equivalent of two units of criminology is taught, and even in the internship courses, including theoretical and practical courses in courts and prosecutions and educational workshops, there is no topic of crime. Science is not included in their educational program. Therefore, criminal judges are not familiar with the reformation of criminals and the principle of individualization of punishments, and they proceed to vote with thoughts influenced by the classical school and without considering the character of the criminal. In reviewing the criminal sentences issued in the years Before 1917, judges of courts and criminal courts rarely paid attention to the case of criminals, and mostly their attention focused on the type and severity of the crimes committed by the criminals. The main reason for this type of attitude is executive and legal obstacles, and with the swelling of criminal court cases and lack of time, the judge is not allowed to examine the character of the accused. The legislator has failed in this case and tied the hands of the courts and judges.
Non-scientific and non-professional appointments of judges and lack of specialization training of criminal judges In Iran’s criminal law, despite the legislator’s emphasis on the specialization of judicial courts (in Article 4 of the establishment of public courts and the revolution approved in 1911), for the selection of prosecutors and courts, not only in practice, there is a special rule for specialization Appointments are not applied, but judicial interns are assigned directly without specialized training after passing the general training period. For example, there are no conditions for specialization in the selection of juvenile court judges. Or the transfer of judges between criminal and legal courts is done without training before the transfer. As it was said before, according to the statistics, the percentage of judges familiar with criminology topics is low to the extent that many prosecutors are familiar with institutions and principles such as suspension of prosecution, necessity of prosecution, criminal segregation, personality case and so on. .. are foreign.
These obstacles are created by creating specialized courts, establishing special courts, separating general and criminal courts from each other, choosing judges based on their specialized field, providing specialized training while serving judges, dividing judges between Branches will be raised to some extent based on the specialized training during the internship period.
Implementation obstacles
The most important category of executive obstacles effective in reducing the efficiency of the personality case is related to para-judicial institutions. Examples of executive obstacles are mentioned below:
Failure to allocate sufficient financial credits despite the high costs and lack of related tariffs
The content of the personality file is the result of various medical, psychological, psychological, social work, etc. tests on the accused or the criminal by experts. The implementation of this plan requires the allocation of a sufficient financial budget from the executive body, as well as the hiring of specialized experts and the recruitment of judges for the execution of sentences, all require appropriate funds. The implementation of criminal law and criminology institutions such as suspension of prosecution Caregiving, conditional release, supplementary and supplementary punishments, open prisons, semi-open prisons, filing of character files in the prosecution stage, investigation and sentencing, etc., require vast financial facilities. Another reason for high costs is the inflation of the population of criminals. While the judiciary faces a budget deficit every year even to pay the salaries of its judges and employees, and as a result, it prevents the increase of efficient staff. Therefore, it is necessary for the judiciary to have an independent budget and plan the budget itself. This lack of financial independence
will also lead to the delay of proceedings.
In the whole disordered economy and the defective performance of the management system and the budget, the judiciary and the high number of criminals prevent the allocation of sufficient funds to file a personal case. With this budget deficit, it cannot be expected that the process of filing a character file will go well.
Absence of specific laboratories equipped with modern technology and absence of relevant specialists and experts
Hiring experts is the responsibility of the judiciary. Assuming that the executive branch will cover its cost, we are still facing a lack of specialists and lack of sufficient expertise to implement the project throughout the country in all stages of criminal proceedings. Forming a personality file and identifying various personality dimensions of the accused or the criminal requires having laboratories equipped with advanced technologies. While the criminal justice system does not have the necessary facilities in this regard, and laboratories with relative facilities are available only in the capital. Also, in none of the articles 69 to 65 of the Executive Regulations of the Organization of Prisons and Security and Educational Measures approved in 1914, there is no reference to the centers and institutions where convicts are subjected to medical and psychiatric tests to file a personality file. And the lack of places to keep prisoners and the criminal inflation of prisons have made the implementation of this regulation difficult and nothing There has been no determination on the part of the legislator and at the level of the country’s general management to establish these centers.
Criticisms of character files and their answers
1- Filing a character file causes the length of the proceedings and can create grounds for prejudice for the criminal judge. Judicial procedure also emphasizes the principle of speed in investigation and prosecution, and for this reason it is emphasized It does not affect the filing of the case, and this recognition of the criminal’s personality is often done with the personal understanding of the judicial authority. which must be answered, the trial process of the accused may end in acquittal, or the appropriate sentence following the filing of this case may lead to the rehabilitation and reform of the criminal. 1- Another criticism that they have made is the high cost of filing this case It should be noted that for the main purpose of filing this case, which is to reform and rehabilitate the criminal, this cost is valuable. What is applied to him under the title of treatment is more than his debt to the society, because he only owes the punishment to the society, and if the criminal opposes it, the society has no right to enforce it. 4- By committing a single crime and seeking to file a character case, two people will have different punishments, which is against criminal justice, and critics say that fixed punishment should be applied according to the law. 9- Filing a character case violates the principle of acquittal. because before the verdict is drawn up, interference in people’s personal lives is not in accordance with legal principles, because if the court gives a verdict of acquittal, what will be the status of this interference? The purpose of filing a character file is twofold: 1- to make the judgment and order fair 1- to reform the criminal (Najafi Irandabadi 1499: 1916) 6- to collect information about the criminal by experts. It is handed over to the judicial authority, sometimes the information is confidential and giving this information violates the privacy of people and it is a one-sided relationship. Also, the offender may not be willing to give this confidential information. The doctor also took an oath to reveal secrets
and on the other hand, the legislator specifies an enforcement guarantee for the disclosure of the patient’s secrets by a doctor (Article 641 of the Civil Code). But in the case of a personal case, there is no enforcement guarantee for disclosure (Najafi Irandabadi, (1916: 1471) In general, it is concluded that the plan of filing a personal file is taken from the medical model of examination, diagnosis and treatment, but it has not adopted the equipment and conditions to respect medical secrets.
Offers
1- An independent organization and structure with a specific time should be formed under the supervision of judicial institutions, and experts in the field of medicine, psychologists, psychiatrists, criminologists, and social workers should be used. Even the time under consideration can be shared. He calculated the punishment. Apparently, in the case of juvenile delinquents, this case is filed in the centers of correction and education, and even a questionnaire is filled out, but only because of the classification of delinquents and that too in terms of age and gender, and whether this case and its content will be studied and examined later, and whether it will have an impact on the issued decision or not, is questionable. While, for example, in France and in line with the implementation of the legislator’s order on the filing of personality files, the judge of the Juvenile Court uses the method (observation or under observation and investigation). He can even conduct an investigation. social and medical and psychological examination (Article 11 of the Law of Approval 1559) and if the judge knows that the child or teenager should be away from the family or that further investigation is needed to file a personality file, orders that he be sent to observation centers and kept. These centers have complete medical and psychiatric equipment and educational, professional and technical guides, and the social workers of these centers monitor all investigations and examinations. The deputy of the organization of judicial protection of the youth is doing it. 1- In addition to the use of experts, a committee should be formed for the training and education of social workers and the workers should be used more. Medicine and psychiatry, it is suggested that the results of the examination and their final opinions be presented to the judicial authority in a legal and concrete form, or that special forms be provided so that it is clear to both parties.
4- Empowering those in charge of criminal affairs through the recognition of individual and social factors that cause delinquency through the creation of a character file. 9- The creation of a character file should be mandatory in all major crimes and in addition to the preliminary investigation stage, it should be carried out in all stages of criminal proceedings. 6- In identifying the character of the criminal, the social worker should use the methods of interviewing and observing the criminal, social research and medical research and psychiatry, psychological research of the criminal. Because the interview is one of the best methods of obtaining sufficient and necessary information to identify the criminal, and the information obtained through the interview cannot be obtained by other methods, and the interview must be done through experts in this work, so that the situation and The interview should not be given an unnatural direction and the information obtained through the interview should not be interpreted incorrectly. judicial system In the observation method, the delinquent is observed for a certain and sufficient period of time, and sufficient studies and investigations are conducted on the delinquent (similar to the French observation centers). The time of education and…research, because the results of this research will play an important role in the identification of the criminal. 7- There are no institutions that carry out the specialized work of treatment and correction with trained specialists, and in The level of legislation and executive management of the country also shows no attempt to establish it. An institution that regularly monitors the convict and reports the realization or non-fulfillment of correctional goals to the judicial authority. ~1- It is better that the courts in the process of filing a character file because there was not enough executive force, get help from expert and trained soldiers. ~5- It is suggested that as a guarantee of execution for filing a character file,files without Consider the case for rejection.
Conclusion:
Merely predicting the filing of personality files in the law or setting the target of filing 11 of those included in the 1959 Sixth Development Plan will not work. In the criminal law system of our country, the filing of a character file is basically after the conviction, not at the accusation stage. Obstacles to accurate and scientific practices This judicial institution includes legal, judicial and executive obstacles that cause In the judicial criminal policy, the character file should be attached to the criminal file in the limit of one page ~ a few lines of the person’s history, and no precise information about the social, psychological, and personality status of the criminal should be provided. As a result, the process of correction and treatment of the criminal will face problems and there will be a density of cases and an increase in the responsibility of judges. Merely approving a regulation without taking into account the implementation obstacles and solving these challenges will not be enough and requires the interaction and cooperation of all three forces. In this way, in order to decriminalize and get rid of criminal inflation, the legislator approves the laws with scientific and expert methods, the executive branch provides sufficient financial credits, and the judicial branch with proper implementation. Laws and appropriate dealing with the phenomenon of delinquency and training specialized judges should try to reform criminals and implement justice and correct implementation the principle of individualizing punishments.
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