A legal-criminological study of the personality case with a preventive approach in the laws of Iran and Canada

Authors

1 PhD student, Department of Law, Rafsanjan Branch, Islamic Azad University, Rafsanjan, Iran.

2 Assistant Professor of the Department of Law, Rafsanjan Branch, Islamic Azad University

3 Assistant Professor, Department of Criminal Law and Criminology, University of Judicial Sciences and Administrative Services, Tehran, Iran.

10.22034/jgeoq.2023.388237.4028

Abstract

The purpose of this research is to study the legal-criminological case of the personality with a preventive approach in Iranian and Canadian law, which was carried out in a descriptive-analytical method and based on library sources. The results of this research show that in the criminal system of Canada, the personality file and generally paying attention to the personality of the criminal has a high position in comparison with the criminal law of Iran. In the criminal law of Canada, the investigation about the character of the accused and his financial, family and social situation is foreseen, and this investigation is mandatory in the preliminary investigation stage, in optional misdemeanor cases and in criminal cases. In Canadian law, as in many countries where preliminary investigations are conducted by an investigating judge or an investigator, he is ordered to create a character file so that after the trial, if the accused is found guilty and based on the reports in the personality file should act to determine the appropriate, effective and useful response. On the contrary; Iranian criminal law does not provide for the filing of a character file explicitly and as a central approach in criminal proceedings, and it is declared mandatory only at the stage of execution of the prison sentence in order to classify the prisoners. However, according to some articles of the Islamic Penal Code (Articles 22 and 25) and the Criminal Procedure Code (Article 222),

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