Individualization of Criminal Process before Delivering of Judgment

Document Type : Technical-Scientific

Authors

1 Assistant Professor at Law and Political Science Faculty of Science and Research Branch of Islamic Azad University

2 PhD Student of Criminal Law and Criminology at Science and Research Branch of Islamic Azad University

3 M.A in Criminal Law and Criminology at Science and Research Branch of Islamic Azad University

Abstract

Extension of the scope of the principle of Individualization of decision to all criminal process, in particular the preliminary investigation stage is one of the most important achievements of modern criminology and one of the foundations of changing in the approach of legislator of the new criminal procedure code. One could even say that the adoption of appropriate tracking systems and differential systems of justice (for children, juveniles and militaries), if is based on the character accused, is embodiment of individualization of decision. The preliminary stage is of high importance because in this stage the judgment on the culpability of the accused is not being delivered. At this stage by using correct and appropriate criminal policies and effective criminal prosecution and trial by taking into account the character of the accused, the unfortunate consequences of the individual labeling and his involvement in the criminal arsenal may be avoided. Today, due to advances in criminology, especially the introduction of clinical criminology, the criminal process, reform and rehabilitation of offenders beyond the mere retribution has been subject to considerable attention (although it has been opposed by some lawyers due to ineffectiveness of clinical criminology). Even in some cases, it is in the interest of the community not to involve the individual in the criminal process. It is also better for the individual himself. Therefore, it is not good to regard criminal laws as rigid inflexible. It means that law enforcement officers need to apply the law and legal institutions for administration of justice. They should not adapt rules of law to offenders such as devices affixing numbers on the goods.

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History

  • Receive Date: 13 December 2016
  • Revise Date: 21 January 2017
  • Accept Date: 30 January 2017

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