M.A. Thesis:

A Comparative Approach to spirtual and humanistis personality in Formation of Criminal Courses in Iran and France Law

The spiritual and human personality of individuals in a human society, as one of the components of inherent human dignity, with the aim of institutionalizing human rights, plays an important and effective role in the development of criminal doctrines, both in the field of substantive and formal law. The dimensions of the spiritual and human personality of individuals have long been incorporated into various legal systems of the world, including Iran and France, both in Islamic and international legal texts, with the focus on the Declaration of Human Rights and Citizenship of France 1793 and the Universal Declaration of Human Rights 1948. Given the proximity of the two legal systems of Iran and France in terms of their adherence to the Roman-German system, the laws and regulations of Iran appear to have been largely inspired by French law, and a comparative study of the two with regard to the more advanced legal system. France will be a good experience for the Iranian legal system and a revision of the laws from the perspective of addressing the particular status of one's spiritual and human personality in both substantive and criminal law. Generally, prior to the adoption of the Islamic Penal Code of 2013 and the Code of Criminal Procedure of 2013, human rights doctrines, with particular emphasis on the importance of the spiritual and human personality of individuals, had no special place in Iranian criminal law. Inspired by French law, the legislator has taken a positive and positive step in amending these two mother laws in our country regarding criminal law. However, the legal system in Iran seems to be still lacking in terms of the mechanisms and effective enforcement of these two laws in respect of the spiritual and human personality of individuals with deficiencies that need to be reconsidered in light of advanced systems such as French law.

Keywords: Human dignity, Spiritual personality, Human rights, Criminal law, Iranian legal system, French legal