The Case of Personality in the Criminal Law of Iran and France

tudding the human being personality has been taken into consideration from ancient time and different opinions have been proposed about it. Given to the importance of the research about human being as the center of the universe ad having rights, studding the personality of the offenders as human beings has been also taken into consideration of legal systems specially criminologists. The personality case that its necessity formation for the criminal process has been taken into consideration from the second half of the twentieth century, it contains the results of psychology, medical and social studies and tests about the accused and the sentenced. Studding these results and in general the measures have been done, criminal justice practitioners attempt to match penalties, safeguarding and educational measures and in general the judicial decisions with the personality of the accused or the offender. Formation of such a case in the Iranian penal code, in some laws including the Penal Code of 22 and 25 of the current Islamic penal code and 63, 59, 39, 37 Articles of the new Islamic penal code approved in 1390 and also in the Articles 47 & 64 of the implementing regulations of the prisons organization and safeguarding and educational measures of the country has been considered implicitly or explicitly. However, in some countries, like France, personality case formation is required in the preliminary investigation of the crime and also in the condition of granting parole suspension referring to the personality case is necessary.