The Faculty of Law at the University of Karbala discussed a doctoral thesis tagged: Studying the personality of the accused in criminal procedures – a comparative study -.
The thesis was submitted by the student Ahmed Jabr Muhaisin Al-Noamani, and the importance of the thesis is demonstrated through the study of the physical, mental and psychological formation of the accused person, in addition to the knowledge of the acquired natures of his family and social surroundings and the knowledge of all his living and social conditions. In order to prepare a complete file on the personality of the accused to be of assistance to the judiciary in fully knowing his personality and adopting it when assessing the criminal penalty.
This study aims at memorizing and diagnosing mental, psychological and social diseases related to the commission of the latent crime in the person of the accused and how to treat it, and then the judge’s use of the results presented by experts in this regard in order to reach the truth and thus adopt it in estimating the criminal penalty in line with criminal justice, in addition to predicting criminal seriousness and recidivism, and the formation of a database of information derived from the results of conducting the study of the accused. and analyzed to determine the factors leading to the crime.
The study concluded that studying the personality of the accused in criminal procedures leads to the unveiling of the causes of crime and the identification of the organic, mental, psychological and social factors that play a role in causing the crime Once again, I have also reached out to identify the best, successful and appropriate treatment methods and method for rehabilitating and reforming the accused, which prevents him from committing a crime again.
The researcher also proposed a number of proposals, the most prominent of which is the Iraqi legislator’s call to apply the system of studying the personality of the accused in criminal procedures to the adult category of accused, similar to the juvenile accused, according to an explicit legal text, similar to the comparative penal legislation.
