The Role of File Character in the Implementation of the Principle of Proportionality of Punishment to the Crime during the Trial Phase
- Saemeh Ataee Ghasabe
AbstractThe principle of proportionality of punishment to the crime represents completion of crime law for determining appropriate penalty, that is resulted from revolution of criminal justice in the way to considering the subject of criminal act and his personality. In fact, the correct response to against breaking norms needs to consider the question that "who did it" in spite of considering the act itself, it means that "what did the criminal do" or "what happened" by criminal prosecution authorities and specially courts and this time not only in terms of assign a criminal act to a person but also this means that what is the defendant's mental, physical structure and family history which could effect on his/her criminal characteristic is a necessary fact. File character that the necessity of formation was considered more in twentieth century, is called to a case that is formed besides file character and indicates information about general and special statues of criminal such as mental, family, educational and social condition. This file guide decision-makers and criminal justice to choose appropriate clinical methods and they will make appropriate criminal measures according to related information such as laboratory and conducted research in order to fulfill medical and correctness. In this research, we only study role of this file in trial phase.
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h-index (2017): 14
i10-index (2017): 39
h5-index (2017): 9
h5-median (2017): 11
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