The case of character from the legislator’s point of view to the procedure of the courts

In explaining the cause of crime and its formation, criminologists mention psychological factors along with biological and social factors, and they consider the personality of the delinquent to be the most important factor among the psychological ones. Today, this category has passed the boundaries of psychology and criminology and entered into the field of criminal law. The delinquent personality, which is the basis for the individualization of punishment in today's criminal law, has caused the punishment of each person to be considered according to their personality. In various articles of the Islamic Penal Code enacted in 2013, as well as some of the articles of the executive bylaw issued by the Prisons and Security and Corrective Measures Organization enacted in 2005, the Iranian legislator has provided for the filing of personal files and in articles 203 and 286 of the Criminal Procedure Law enacted in 2013 and the circular of the head of the judiciary has also addressed the necessity of its formation; but by referring to the judgments issued by the courts, we will find that despite the legal requirement in cases of formation, its content is not taken into account in issuing the verdict; therefore, the authors of this research are going to discuss its role in Iran's criminal law and the reasons for the courts' reluctance to comply with the provisions of this legal task after explaining the issue.