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

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 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), it can be said that a criminal judge, in order to issue a verdict or a fair decision towards the criminal, implicitly prepares a character file as one of the accessories of the proceedings. Although the filing of a character case, how it is done and by whom is a question, the compilers of the 1390 Penalty Bill have taken a more appropriate approach compared to the current law and implicitly in some articles They have considered the personality case, which we will refer to in the upcoming discussions. It should be noted that the legislator in drafting the criminal procedure bill in a rationalistic action, although with a remarkable delay in Article 200 for adults and in Article 286 has provided for the filing of a character file for children and teenagers only in serious crimes and of course in the preliminary investigation stage.