نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Individualization of punishments means that the criminal judge identifies the true personality of offenders and adopts the most appropriate judicial measure for these socially damaged individuals, in a way that leads to the correction and rehabilitation of offenders and returns them to the bosom of their families and society. One of the prerequisites of individualization is that the judge, by establishing a case file alongside the criminal file and through the knowledge gained by studying the offender's personality, considers the contribution of various factors in the formation of the criminal phenomenon, understands the motives behind the commission of the crime, and, taking into account individual differences, determines the best judicial measure for the offender. One of the most important issues in criminal law is the matter of determining punishment, or rather, how it is distributed. Individualization of punishment after the adjudication stage (post-trial and execution of sentences) is based on the logic that the proper duration of punishment is determined not only on the basis of the crime and its circumstances but also on the basis of the punishment itself as it objectively unfolds. Therefore, if punishment is to be individualized, this must be done based on the individual being punished. Because the purpose of the principle of individualization of punishments is to adapt the punishment to the offender's personality and the circumstances of the committed crime, which is achieved through the measures and mechanisms determined by the criminal legislator. Parole and special pardons are the most important institutions foreseen after sentencing for the individualization of offenders' punishment. Additionally, depending on the type of punishment, arrangements can be made to individualize its execution. Considering that the primary goal of courts should be the correction and rehabilitation of offenders, especially children and adolescents, specific organizations and special proceedings should be adopted to achieve the individualization of punishments, which is the issue we are addressing in this research.