چکیده:
In the Criminal Procedure act of 2012, in addition to the usual duties and powers for the investigator, this judicial officer is also assigned to carry out a series of actions that are rooted in criminological findings. A number of these duties and powers entrusted to the investigator, based on theoretical criminology teachings and other categories, have gained a normative aspect based on the findings of applied criminology. In the light of the theoretical findings, the investigator should identify criminal factors and examine the consequences of judicial decisions. Based on practical teachings, this agent should take steps in the direction of crime prevention and rehabilitation of criminals. To play this role, investigators should be familiarized with criminological findings, the importance of paying attention to criminological aspects, actions and decisions in the criminal process, and how to act to prevent crime and rehabilitate criminals. In this article, the duties and powers of the investigator are examined in the light of the findings of (a) theoretical criminology and (b) applied criminology.
خلاصه ماشینی:
However, criminological findings also provide noteworthy indicators for examining various aspects of the investigating magistrate’s duties and powers in the criminal procedure and how it plays its role in achieving the goals of criminal justice and responding to criminal behavior, because criminology is a branch that, by introducing a series of nodes and findings in the direction of criminal etiology and presenting effective ways to reduce the number of offenses, takes steps (Najafi Abrandabadi, 1393: 113).
In any case, the criminal justice system has multiple goals such as the rehabilitation of offenders, deterrence, empowerment, crime prevention, and establishing reconciliation between actors in the criminal case, which the investigating magistrate can play a role in achieving them through the formation of a personality file, speeding up the proceedings, increasing accuracy in decision-making, proper use of bail orders and other mechanisms for limiting the freedom of the accused, how to support victims, witnesses, and informants of the crime, and the type of benefit from exculpatory responses to prosecution.
Therefore, identifying the foundations and criminological aspects of the duties and powers foreseen for the investigating magistrate, which plays a role in the crystallization of criminological findings in the criminal procedure, can be used to determine how these actors respond and the importance of their actions, as well as to identify the consequences of decisions made; that is, what are the duties and powers of the investigating magistrate in the field of crime prevention, rehabilitation of offenders, deterrence, reducing the formation of opportunities for re-offending, and reconciliation between offenders and victims?
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