Academia.eduAcademia.edu
European Journal of Social Sciences Studies ISSN: 2501-8590 ISSN-L: 2501-8590 Available on-line at: www.oapub.org/soc Volume 2 │ Issue 8 │ 2017 doi: 10.5281/zenodo.1064160 INVESTIGATING THE RECOGNITION OF PSYCHOLOGICAL TRAUMA IN THE STAGE OF PREPARATORY RESEARCHES OF LEGISLATION IN IRAN Heidar Hoseinnejad1i, Amir Dibaiei2 MA Criminal Law and Criminology, 1 Department of Law, Persian Gulf International Branch, Islamic Azad University, Khorramshahr, Iran Associate Professor, 2 Ahvaz Jundishapur University of Medical Sciences, Ahvaz, Iran Abstract: The main purpose of the present study is, to investigate the recognition of psychological trauma in the preparatory stage of legislative research in Iran, with an emphasis on recent laws of the Islamic Republic of Iran, including: Islamic Penal Code, adopted in 2013, as well as the Code of Criminal Procedure of 2013. In this research, the author has tried to technically and expertly identify both the material and the spiritual aspects of psychological damage, and finally, by knowing and providing the appropriate criminal policy in the laws, it helps the process of rapid prosecution, investigation, and prosecution and reveal the importance and the subject to avoid the prolongation of the judging process. The method of research is a library procedure. In light of the foregoing, it can be admitted that crime, the use of material sciences and the status of the detection of crimes in the preparatory phase of investigation, such as crime detection, crime proof, identification of offenders for the purpose of providing criminal justice, and the study of material grounds for crime prosecution through the works and documents obtained from crime scenes, such as the behavior and psychological states of individuals, have a particular value and is often somehow certain in the knowledge of the judge in proving the charge or removing the charges. In existing laws, especially the new Criminal Procedure Code, the importance of this issue is mentioned and, even in certain cases, the legislator has clarified with specific precision and obsession. Copyright © The Author(s). All Rights Reserved. © 2015 – 2017 Open Access Publishing Group 374 Heidar Hoseinnejad, Amir Dibaiei INVESTIGATING THE RECOGNITION OF PSYCHOLOGICAL TRAUMA IN THE STAGE OF PREPARATORY RESEARCHES OF LEGISLATION IN IRAN Keywords: rights, accused, preliminary investigations, psychological damages 1. Introduction Human history shows that the crime has been an integral part of human societies, and by referring to some of the Qur'anic verses, it can be see that with the formation of the first human family on the planet, the first crime also occurred but this process never prevents humans from identifying the causes of crime and preventing it. The attention to this issue has not been reserved for ordinary people, but also the divine religions and the chosen ones of God have always paid attention to this issue, as the religion of Islam which brings with it all the mechanisms of human life, includes the concepts of prevention of sin it is a crime and it explains the causes of it. In the occurrence of crime, various factors can be affected by the fact that the number or importance of each of these factors varies in different societies due to cultural, economic and political differences. In a general split these factors can be divided into three categories. A. Individual or biological factors such as gender, age and limb, B: Psychological factors such as weakness of faith to resurrection, pessimism, aggression, timidity and fear, C: Social factors such as disorderly family, parents' incompatibility of the reference group, immigration and the press. There is no consensus between the scholars on the number or extent of the role of these factors, and each of them, according to their kind of specialization, views this issue, and a certain category of these factors is only effective in committing criminal acts. Internal factors of delinquency with their own characteristics are divided into two inherited and acquired groups. Hereditary factors include self-reports that the child has taken from his father, mother and ancestors and born with them. The effect of inheritance cannot be denied on the development of a child's personality. Recent studies in the field of hereditary science show that some of the chromosomal abnormalities have a profound effect on emotions, and in general, human behavior. Acquired features of human personality cause some of the potential hereditary talents to flourish, or, alternatively, the barrier provides a way for its development. These characteristics, which cannot be doubted in their criminality, require the investigation, identification, and then appropriate action to control and prevent it in order to prevent crime. Prevention of crime, which is the most effective means of combating the behavior of abuses and social maladministration, has a high status in the criminal policy of the countries. From the scientific point of view, preventing the occurrence of any social and personal dilemma is the best way to combat European Journal of Social Sciences Studies - Volume 2 │ Issue 8 │ 2017 375 Heidar Hoseinnejad, Amir Dibaiei INVESTIGATING THE RECOGNITION OF PSYCHOLOGICAL TRAUMA IN THE STAGE OF PREPARATORY RESEARCHES OF LEGISLATION IN IRAN it. This issue economically is important because it does not waste much time and effort (Ghannad, 1998). Psychology in the past has not given too attention to the unconventional man, including the perpetrator, henceforth a lot of information is found in the previous psychology of the will, emotions and memory, and the reaction of man against stimuli, etc but about real human triggers - in short, the deep emotions and desires of the alive person did not get enough information. In fact, the same fanaticism that was found in the criminal doctrine and its purely objective judgments had also a psychological problem. Freud's psychoanalytic movement took the lead in real-life psychology research and examined the profound powers of human action. When there is a judging about the offender, mental analysis should be the main criterion, because psychoanalysis can understand a person and his actions in his own way with his own methods. Before Freud, psychology could not give a clear idea of personality because it was superficial and mechanical. One basic point was left to the view of these psychologists, namely that humans are not a harmonious unit. The notion of "postulate", in which man's nature is full of contradictions, and the forms in which they can be made, were neglected but Freud, with his own clinical reviews, gained this principle of universality. He found that the conscious mind - the centerpiece of psychological research before him - only made up a small part of the human mental system. This conscious mind is based on a huge reserve of stretch marks and intentions and unknowing desires and in many ways depends on these factors. The fact that has been obtained by psychoanalysis has an important reflection on criminology. Psychoanalysis has shown that one may consciously love another, but in his unconscious mind, he hates him and vice versa. Therefore, a person may commit a crime for the sake of loving and hateful acts, or may do stealing because of the desire to possess, and at the same time, due to having the illness pleasure to the stealing. While her innate pleasure has no a relationship to h her material profit. These contradictory factors are not only the characteristics of the perpetrator, but also seen in the accepted groups of society. Psychiatricians typically divide criminals into two healthy and sick categories, thus the first group to be sent to the hospital and the healthy people are sent to the prison. Secondly, the Border Line, which is between healthy and sick, remains uncertain. Therefore, psychological medicine does not produce any results without using psychoanalysis (Goodarzi, 2008). Just as histology cannot be achieved without the use of a microscope, psychology is also impossible without psychological analysis. In contrast to veteran psychology, which counts perpetrators with old theories and based on the biology of the machine, in vain, it seeks physical impairment in criminals, or in the face of contemporary mechanical psychology, which is engaged in superficial European Journal of Social Sciences Studies - Volume 2 │ Issue 8 │ 2017 376 Heidar Hoseinnejad, Amir Dibaiei INVESTIGATING THE RECOGNITION OF PSYCHOLOGICAL TRAUMA IN THE STAGE OF PREPARATORY RESEARCHES OF LEGISLATION IN IRAN experiments on intelligence of individuals. Psycho-thinking, based on emotional factors, creates a great revolution in human knowledge. Psychoanalysts cannot satisfy themselves with statements made by a mental health specialist who consider the offender mechanically ill or healthy because he is able to reach the psychological mechanisms behind the curtain, and in particular turning on a lot of criminals or suspicious criminals, until Freud had brought human-type research into an exact scientific instruction. Given that the psychological harm is the novice in the field of criminology, disagreement over its position is high in the preliminary research phase, for example, it is believed that support is only possible in the form of material compensation, but some others believe that by knowing the exact psychological damage and the consequences of the crime, they can be materialized as well as moral support. Therefore, it is important to recognize the exact types of psychological harm, their role in preliminary studies, the presentation of legislative approaches to dealing with victims, the definition of the types of support provided after committing a crime and analyzing the process of psychological damage. For viewing / downloading the full article, please access the following link: https://oapub.org/soc/index.php/EJSSS/article/view/252 European Journal of Social Sciences Studies - Volume 2 │ Issue 8 │ 2017 377