Comparative Analysis of the Role of Pre-sentence Reports in Criminal Proceedings: A Case Study of Iranian and English Law

Abstract

In recent decades, the emphasis on individualization in criminal justice has led to the use of innovative tools such as pre-sentence reports. This tool, which analyzes the personality, social, and psychological characteristics of the accused, plays a key role in judicial decision-making, especially in the rehabilitation and reform of offenders. The aim of this research is to conduct a comparative study of the legal systems of Iran and England in relation to pre-sentence reports and analyze the strengths and weaknesses of each system. This study employs a descriptive-analytical method along with comparative analysis. Data required for the study were gathered from legal sources, national laws, and specialized articles, and analyzed within the framework of legal principles. The comparison between the two legal systems reveals that, in England, due to its long history of using pre-sentence reports, a more cohesive approach exists. In contrast, in Iran, despite the legal provision in the Criminal Procedure Code, challenges such as a lack of financial resources and relevant specialists have hindered the effective implementation of this tool. The results of this study suggest that drawing on the successful experiences of England and addressing existing obstacles could strengthen the role of pre-sentence reports in Iran's criminal justice system. This study, by offering practical solutions, takes a step towards improving the judicial process and enhancing criminal justice.