Year:2022   Volume: 4   Issue: 4   Area: Law

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Ishraf Doukali MANSOUR

EXPLORATION OF THE PERSONALITY OF THE ACCUSED AS A PROCEDURAL NECESSITY BEFORE SENTENCING HIM

In light of contemporary criminal policy, the accused has become a target of the theories and ideas of most jurists, who hastened to search for the most successful way to achieve the functions of punishment, most notably the social defense movement, whose principles are the need to reject the idea of deterrence and pain, to be replaced by the idea of reform and treatment, as it is no longer one of the purposes of punishment Revenge against the accused, but the primary goal has become, is to reform and rehabilitate the accused, which cannot be achieved with predetermined rigid penalties, which requires recognition of the criminal judge's discretion in determining the punishment, which is called modern judicial individualization. Where the principle of modern judicial exclusivity has revolutionized criminal law, it has turned its concepts and shifted its focus from the act that is a legal crime to the perpetrator, so the act is no longer considered according to the objective criterion regulated by the law, which depends on its seriousness and the degree of criminal intent of the perpetrator, but according to the personal elements of the accused, That is, by researching his personality, biological composition, psychological state, personal history and social status, which requires scientific research on the personality of the accused, which is prepared by experts and specialists, supervised by a judge specialized in criminal cases, who has experience and knowledge of the sciences related to the methods of treating the accused. This principle has confirmed its efficacy and usefulness in realistic application, and its role has emerged in positively affecting the personality of the accused and rehabilitating him, which made most criminal legislation keen to report it, especially in juvenile legislation, in an attempt to find ways to enhance the role of the criminal judiciary in choosing The appropriate penalty for the accused, achieving the purposes of punishment on the one hand, and reducing the phenomenon of criminality on the other.

Keywords: Criminal Policy, The Functions of Punishment

http://dx.doi.org/10.47832/2717-8293.18.15


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