Culmination of Law

Culmination of Law

The appropriate actions of civil and justice lawyers in the defense of criminals with mental disorders in the legal systems of Iran and Canada

Document Type : Original Article

Authors
Mohammadreza Emadi 1
Issa Amini 2
Jalil Maleki 3
MohammadReza Pirhadi 4
1 PhD Student, Private Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran
2 Assistant Professor of Private Law Department, Central Tehran Branch, Islamic Azad University, Tehran, Iran (corresponding author)
3 Assistant Professor, Department of Private Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran
4 4Assistant Professor, Department of Private Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran
10.22034/thdad.2024.2023663.2711
Abstract
The defendants usually claim to be exempt from criminal responsibility while citing mental disorder at the time of the crime. In our country, only the basic lawyers of a judiciary are allowed to pursue judicial issues, and in Canada, due to the separation of the types of lawyers, even civil lawyers are able to support the accused. This research was conducted in an analytical-descriptive way and its purpose is to compare the appropriate support measures for defendants with mental disorders in the two legal systems of Iran and Canada. In Canada, the protection restrictions for defendants are much less than in Iran, and therefore, it is easier to pursue all the administrative-judicial issues of the defendant. Despite the fact that mental disorder at the moment of committing a crime is considered a factor in removing criminal responsibility and both Iranian and Canadian legal systems have accepted it, there is no acceptable proof procedure for this in Iran and it is practically possible to use Article 202 of the Criminal Procedure Code. Does not exist. In Canada, there are procedures for proving the mental disorder of bipolar disease with high confidence, and if it is confirmed by the forensic medicine, it is possible to easily remove the criminal liability of the accused.
Keywords
Will
Civil Advocacy
Legal Advocacy
Criminal Insanity
Canada

Subjects

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Culmination of Law
Volume 11, Issue 3
Winter 2026
Pages 39-75