Volume 12 - Special Issue on Human Rights and Citizenship Rights
MLJ 2018, 12 - Special Issue on Human Rights and Citizenship Rights: 151-171 |
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Meybodi M R, Shadmanfar M R, Heidari M. Challenges and Limitations of Human Rights Facing Criminal Proceedings in the Light of Security Criminology Studies. MLJ 2018; 12 :151-171
URL: http://ijmedicallaw.ir/article-1-1217-en.html
URL: http://ijmedicallaw.ir/article-1-1217-en.html
1- Isfahan (Khorasgan) Branch, Islamic Azad University, Isfahan, Iran.
2- Department of Criminal Law and Criminology, Isfahan (Khorasgan) Branch, Islamic Azad University, Isfahan, Iran. (Corresponding Author)
3- Department of Criminal Law and Criminology, Isfahan (Khorasgan) Branch, Islamic Azad University, Isfahan, Iran
2- Department of Criminal Law and Criminology, Isfahan (Khorasgan) Branch, Islamic Azad University, Isfahan, Iran. (Corresponding Author)
3- Department of Criminal Law and Criminology, Isfahan (Khorasgan) Branch, Islamic Azad University, Isfahan, Iran
Abstract:
Background and Objective: Ensuring Respect for Human Rights in the Realm of Fair Trial; Observance of all Formal and Substantive Guarantees Related to the Rights of the Litigants is Required in Criminal Proceedings. However, Today, Following the Increasing Number of Crimes and Social Deviations, Especially Terrorist and Security Crimes, we are Witnessing a Shift in the View of Justice-Oriented Formal Rights in Order to Ensure Security and Fight Crime From a Security-Oriented Perspective, Which is Derived From Modern Criminological Teachings.
Materials and Methods: This Research is of Theoretical Type and the Research Method is Descriptive-Analytical and the Method of Data Collection is Library and has been Done by Referring to Documents, Books and Articles.
Findings: The Shadow of Criminal Law-Based Security Criminology, Especially Criminal Law, Has Transformed Everything Conceived in a Fair Trial with Human Rights Guarantees. And by Ignoring the Principles and Criteria of Fair Trial, Strict Criminal Procedure has Emerged Both at the Preliminary Investigation Stage and at the Stage of the Trial.
Ethical Considerations: In Order to Organize this Research, While Observing the Authenticity of the Texts, Honesty and Fidelity have Been Observed.
Conclusion: Ignoring the Principles and Rules Governing a Fair and Just Trial, although as a Temporary Shelter, it Will Have a Detrimental Effect on the Order and Security of Society, Which Will not be Compensated in any Way, Because What is Certain is that the Purpose of Criminal Law is to Create Security in the Society, But it Should not be Allowed to Violate the Fundamental Values of the Accused and the Suspects.
Please cite this article as: Meybodi M R., Shadmanfar M R., Heidari M., Challenges and Limitations of Human Rights Facing Criminal Proceedings in the Light of Security Criminology Studies. Iran J Med Law, Special Issue on Human Rights and Citizenship Rights 2018; 151-171.
Materials and Methods: This Research is of Theoretical Type and the Research Method is Descriptive-Analytical and the Method of Data Collection is Library and has been Done by Referring to Documents, Books and Articles.
Findings: The Shadow of Criminal Law-Based Security Criminology, Especially Criminal Law, Has Transformed Everything Conceived in a Fair Trial with Human Rights Guarantees. And by Ignoring the Principles and Criteria of Fair Trial, Strict Criminal Procedure has Emerged Both at the Preliminary Investigation Stage and at the Stage of the Trial.
Ethical Considerations: In Order to Organize this Research, While Observing the Authenticity of the Texts, Honesty and Fidelity have Been Observed.
Conclusion: Ignoring the Principles and Rules Governing a Fair and Just Trial, although as a Temporary Shelter, it Will Have a Detrimental Effect on the Order and Security of Society, Which Will not be Compensated in any Way, Because What is Certain is that the Purpose of Criminal Law is to Create Security in the Society, But it Should not be Allowed to Violate the Fundamental Values of the Accused and the Suspects.
Please cite this article as: Meybodi M R., Shadmanfar M R., Heidari M., Challenges and Limitations of Human Rights Facing Criminal Proceedings in the Light of Security Criminology Studies. Iran J Med Law, Special Issue on Human Rights and Citizenship Rights 2018; 151-171.
Type of Study: Original Article |
Received: 2019/01/10 | Accepted: 2020/08/13
Received: 2019/01/10 | Accepted: 2020/08/13
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