scholarly journals Preliminary Phase of the Right of Assessment in Iran and France with Emphasis on One Article to Respect Legal Freedom and Protection of Citizenship Rights

2019 ◽  
Vol 7 (3) ◽  
pp. 335-350
Author(s):  
Zahra Emadoleslami ◽  
Hadi Ghorbani
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Law ◽  
French Law ◽  
Citizenship Rights ◽  
Personal Security ◽  
Iranian Law ◽  
The Right ◽  
Preliminary Phase ◽  
Fair Assessment

Abstract The right of citizenship in criminal law is one of the important cases in the field of human rights and has received attention from various human rights documents. In Iran's criminal law in various cases also respect to legal freedom and protection of citizenship rights. Besides trying to give more attention to citizenship rights based on fair assessment. An important question that can be raised in is howthe regulation to respect the legal freedom and protection of citizenship rights in Iranian law proportional to French law in terms of a fair assessment? The findings from this survey show that there is a compilation of regulation respecting legal freedom and protecting citizenship rights. In addition, there is an internalization effort to pay attention the human rights in criminal justice, in the form of action to eliminate the aggression against the rights of citizen and this rule emphasizes cases that consistent with French law. In the rules of respect for legal freedom and protection of citizenship rights, such as the rights of convicted people in France, it has emphasized the existence of freedom, personal security, prohibition of torture, self-respect of the accused by defending their rights and protecting themselves.Keywords: Freedom of law, human rights, citizenship rights, fair assessment, Iranian law, French law AbstrakHak kewarganegaraan dalam hukum pidana adalah salah satu kasus penting di bidang hak asasi manusia dan telah mendapatkan perhatian dari berbagai dokumen hak asasi manusia. Dalam hukum pidana Iran dalam berbagai kasus juga memberikan penghormatan terhadap kebebasan hukum dan perlindungan hak kewarganegaraan. Selain diupayakan untuk memberikan perhatian lebih terhadap hak kewarganegaraan berdasarkan penilaian yang adil. Pertanyaan pentingdalam hal ini adalah seberapa besar aturan penghormatan terhadap kebebasan hukum dan perlindungan hak kewarganegaraan dalam hukum Iran berbanding lurus dengan hukum Prancis dalam sudut pandang penilaian yang adil? Temuan-temuan dari survey ini menunjukkan bahwa adanya kompilasi aturan penghormatan terhadap kebebasan hukum dan perlindungan hak kewarganegaraan. Selain itu, adanya upaya internalisasi untuk memberikan perhatian terhadap hak asasi manusia dalam peradilan pidana, berupa tindakan untuk menghapus tindakan agresi terhadap hak-hak warga negara, dan aturan ini menekankan pada kasus-kasus yang relevan dengan hukum Prancis. Dalam aturan penghormatan terhadap kebebasan hukum dan perlindungan hak-hak kewarganegaraan, seperti hak-hak terpidana di Perancistelah ditekankan pada adanya kebebasan, keamanan pribadi, larangan penyiksaan, penghargaan diri orang yang tertuduh dengan membela hak-hak dan melindungi diri pribadi.Kata kunci: Kebebasan hukum, hak asasi manusia dan hak kewarganegaraan АннотацияПраво на гражданство в уголовном праве является одним из самых важных в области прав человека и привлекает внимание в различных документах по правам человека. В Иране уголовное право в различных случаях также уважает правовую свободу и сохранение гражданских прав и стремится уделять больше внимания гражданским правам на основе справедливого суждения. Важный вопрос, который может быть поднят в этом отношении, заключается в том, насколько правило уважения к правовой свободе и сохранению гражданских прав в иранском законодательстве прямопропорционально французскому законодательству с точки зрения справедливого суждения. Результаты этого исследования показывают, что существует свод правил, которые уважают правовую свободу и сохранение гражданских прав. Кроме того, предпринимаются усилия по интернализации, направленные на то, чтобы уделять внимание правам человека в сфере уголовного правосудия в форме ликвидации действий агрессии против гражданских прав. Данное положение подчеркивает случаи, которые соответствуют французскому законодательству. В правилах уважения правовой свободы и сохранения гражданских прав, таких как права осужденных во Франции, подчеркивается существование свободы, личной безопасности, запрета пыток, самооценки обвиняемого путем защиты их прав и себя. Ключевые слова: правовая свобода, права человека, гражданские права, справедливое суждение, иранское право, французское право

scholarly journals Islamic criminal procedure law: human rights issues

2020 ◽  
Vol 23 (10) ◽  
pp. 47-57
Author(s):  
Yusif Mamedov
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Due Process ◽  
Economic Status ◽  
Burden Of Proof ◽  
The Law ◽  
The Right

It has been established that harsh Islamic punishments are practically not applied due to the high burden of proof and the need to involve an exhaustive number of witnesses. It has been proven that the Islamic criminal justice system provides the accused with basic guarantees. It is noted that according to Sharia, Islamic crimes are divided into three categories: Hadd, Qisas and Tazir. It is noted that Islamic criminal law provides that the accused is not guilty if his guilt is not proven. It is noted that equality before the law is one of the main legal principles of the Islamic criminal model, as all persons are equal before the law and are condemned equally regardless of religious or economic status (lack of immunity). There are four main principles aimed at protecting human rights in Islamic criminal law: the principle of legality (irreversible action), the principle of presumption of innocence, the principle of equality and the principle of ultimate proof. In addition, the Islamic criminal justice system provides defendants with many safeguards, which are always followed during detention, investigation, trial and after trial. It is established that such rights are: 1) the right of every person to the protection of life, honor, freedom and property; 2) the right to due process of law; 3) the right to a fair and open trial before an impartial judge; 4) freedom from coercion to self-disclosure; 5) protection against arbitrary arrest and detention; 6) immediate court proceedings; 7) the right to appeal. It is noted that if a person is charged, he/she has many remedies It is noted that the trial must be fair, in which the qadi (judge) plays an important role. It has been established that, in addition to the procedural guarantees, the qualifications and character of the qadi, as well as the strict requirements of Islamic rules of proof, are intended to ensure a fair trial in the case of the accused. Adherence to these principles has been shown to indicate that the rights of the accused are fully guaranteed under Islamic criminal law.

scholarly journals Victims’ rights are human rights: The importance of recognizing victims as persons

Temida ◽  
2012 ◽  
Vol 15 (2) ◽  
pp. 71-83 ◽  
Author(s):  
Jo-Anne Wemmers
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Criminal Law ◽  
Justice System ◽  
Crime Victims ◽  
The State ◽  
Justice Process ◽  
Criminal Justice Process ◽  
The Right

In this paper the author argues that victims? rights are human rights. Criminal law typically views victims as witnesses to a crime against the state, thus shutting them out of the criminal justice process and only allowing them in when they are needed to testify. This is a major source of dissatisfaction for victims who seek validation in the criminal justice system. Victims are persons with rights and privileges. Crimes constitute violations of their rights as well as acts against society or the state. While human rights instruments, such as the Universal Declaration of Human Rights, do not mention crime victims specifically, a number of rights are identified, which can be viewed from the victim?s perspective. As individuals with dignity, victims have the right to recognition as persons before the law. However, such rights are only meaningful if they can be enforced.

scholarly journals PASAL 54 KITAB UNDANG-UNDANG HUKUM ACARA PIDANA DALAM ELABORASI HUKUM PIDANA ISLAM

2021 ◽  
Vol 4 (1) ◽  
pp. 48-69
Author(s):  
Diah Ratri Oktavriana ◽  
Nasiri Nasiri
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Criminal Procedure ◽  
Legal Service ◽  
Legal Assistance ◽  
Legal Aid ◽  
Procedure Code ◽  
Criminal Procedure Law ◽  
The Law ◽  
The Right

This research is a normative research. One of the fulfillment of human rights is justice in equalizing the position of every citizen before the law, as stated in Article 27 paragraph (1) of the 1945 Constitution of the Republic of Indonesia. The right to equality before the law or what is commonly referred to as equality before the law is a principle that provides recognition and protection of human rights for every individual regardless of one's background. Therefore, it is true that Law Number 16 of 2011 concerning Legal Aid for People Who Are Less Capable to Guarantee Constitutional Rights of Citizens for Justice and Equality before the Law emerged. Legal aid is a legal service provided by advocates to the community seeking justice In the realm of criminal cases, the provision of legal assistance is described in Article 54 of the Criminal Procedure Code which explains that in the interests of defense, a suspect or defendant has the right to receive legal assistance from one or more legal advisers during the time and at each level of examination. The provision of legal assistance must be based on the principle of equality before the law as stated in the explanation of Law Number 8 of 1981 concerning Criminal Procedure Law. From the various analyzes that have been carried out, in the perspective of Islamic criminal law it can be concluded that the principle of equality before the law as described in Article 54 of the Criminal Procedure Code is equivalent to an order to provide legal aid which in Islamic criminal law is spelled out in Surah Al-Maidah verse 2 which states that as a fellow humans are ordered to help each other as a form of horizontal worship to fellow humans (habl minan-nas). In addition there are many more both in the Al Qur'an and the hadith of the prophet regarding the application of the principle of equality before the law.

3 Right to be Presumed Innocent

2021 ◽  
Author(s):  
Clooney Amal ◽  
Webb Philippa
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Burden Of Proof ◽  
Reasonable Doubt ◽  
International Human Rights ◽  
The Rule Of Law ◽  
Human Rights Treaties ◽  
International Human ◽  
Assessment Of Evidence ◽  
The Right

This chapter focuses on the right to be presumed innocent, one of the most ancient and important principles of criminal justice, and a prerequisite for any system based on the rule of law. The right is absolute and non-derogable and, at its core, prohibits convictions that are predetermined or based on flimsy grounds. International human rights bodies have therefore found that where a conviction is based on non-existent, insufficient, or unreliable evidence, the presumption has been violated and a miscarriage of justice has occurred. More frequently, international human rights bodies have applied the presumption to require specific procedural protections during a trial. These include guarantees that the prosecution bears the burden of proving a defendant’s guilt beyond reasonable doubt, and that the defendant should not be presented or described as a criminal before he has been proved to be one. The chapter concludes that the presumption is protected in similar terms in international human rights treaties, but also highlights divergences in international jurisprudence relating to the standard for finding that a court’s assessment of evidence violates the presumption, the permissibility of reversing the burden of proof, and the extent to which the presumption applies after a trial has been completed.

International Criminal Justice History Writing as Anachronism

2019 ◽  
pp. 72-89
Author(s):  
Frédéric Mégret
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
International Law ◽  
Criminal Law ◽  
International Criminal ◽  
Criminal Responsibility ◽  
International Criminal Justice ◽  
History Writing ◽  
Long Time ◽  
Individual Accountability

This chapter focuses on the extent to which the contemporary project of international criminal justice cannot easily lay claim to what it imagines to be its past, because that past, despite superficial similarities, often exhibited fundamentally different concerns. It highlights three areas in which international criminal justice today is arguably dramatically different from how it was understood up to the 1990s. First, international criminal justice was for a long time much less obsessed with the criminalization of international law prohibitions specifically, and much more interested in the transnational dimensions of the criminal law. Second, it was much less committed to a strict model of individual accountability under international law and much more willing to see the state as the central pivot of international criminal responsibility. Third, it was intimately linked to peace projects whereas it has become intimately associated to the fight against atrocities and mass human rights violations.

scholarly journals Freedom of thought in Europe: do advances in ‘brain-reading’ technology call for revision?

2020 ◽  
Author(s):  
Sjors Ligthart
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Freedom Of Expression ◽  
Legal Protection ◽  
Mental States ◽  
Human Rights Protection ◽  
Legal Context ◽  
Reading Technology ◽  
Freedom Of Thought ◽  
The Right

Abstract Since advances in brain-reading technology are changing traditional epistemic boundaries of the mind, yielding information from the brain that enables to draw inferences about particular mental states of individuals, the sustainability of the present framework of European human rights has been called into question. More specifically, it has been argued that in order to provide adequate human rights protection from non-consensual brain-reading, the right to freedom of thought should be revised, making it ‘fit for the future’ again. From the perspective of criminal justice, the present paper examines whether such a revision is necessary within the European legal context. It argues that under its current understanding, the right to freedom of thought would probably not cover the employment of most brain-reading applications in criminal justice. By contrast, the right to freedom of (non-)expression will provide legal protection in this regard and, at the same time, will also allow for certain exceptions. Hence, instead of revising the absolute right to freedom of thought, a legal approach tailored to non-consensual brain-reading could be developed under the already existing right not to convey information, ideas, and opinions as guaranteed under the freedom of (non-)expression. This might need to re-interpret the right to freedom of expression, rather than the right to freedom of thought.

scholarly journals Victim Participation in the Criminal Justice System in the European Union through Private Prosecutions: Issues Emerging from the Jurisprudence of the European Court of Human Rights

2016 ◽  
Vol 24 (2-3) ◽  
pp. 107-134 ◽  
Author(s):  
Jamil Ddamulira Mujuzi
Keyword(s):  
European Union ◽  
Human Rights ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Case Law ◽  
European Countries ◽  
The European Union ◽  
European Court ◽  
The Right

Private prosecutions are one of the ways through which crime victims in many European countries participate in the criminal justice system. However, there seems to be a reluctance at the Council of Europe level to strengthen a victim’s right to institute a private prosecution. In a 1985 Recommendation, the Committee of Ministers stated that ‘[t]he victim should have the right to ask for a review by a competent authority of a decision not to prosecute, or the right to institute private proceeding.’ Later in 2000 in the Recommendation Rec (2000)19 on the role of public prosecution in the criminal justice system, the Committee of Ministers calls upon Member States to ‘authorise’ victims to institute private prosecutions. Directive 2012/29/eu of the European Parliament and of the Council of 25 October 2012 is silent on private prosecutions. The dg Justice Guidance Document related to the transposition and implementation of Directive 2012/29/eu of the European Parliament and of the Council of 25 October 2012 discourages private prosecutions. However, private prosecutions take part in many European countries. It is thus important to highlight some of the issues that have emerged from different European countries on the issue of private prosecutions. Case law from the European Court of Human Rights shows that private prosecutions take place in many European countries. This article, based on case law of the European Court of Human Rights, highlights the following issues with regards to private prosecutions: the right to institute a private prosecution; who may institute a private prosecution? private prosecution after state declines to prosecute; state intervention in a private prosecution; and private prosecution as a domestic remedy which has to be exhausted before a victim of crime approaches the European Court of Human Rights. The author argues that there is a need to recognise the right to private prosecution at the European Union level.

The right to the truth in international law: fact or fiction?

2006 ◽  
Vol 88 (862) ◽  
pp. 245-273 ◽  
Author(s):  
Yasmin Naqvi
Keyword(s):  
Human Rights ◽  
International Law ◽  
Criminal Law ◽  
The State ◽  
Legal Concept ◽  
The Right ◽  
Practical Implications ◽  
Legal Right

The right to the truth has emerged as a legal concept at the national, regional and international levels, and relates to the obligation of the state to provide information to victims or to their families or even society as a whole about the circumstances surrounding serious violations of human rights. This article unpacks the notion of the right to the truth and tests the normative strength of the concept against the practice of states and international bodies. It also considers some of the practical implications of turning “truth” into a legal right, particularly from the criminal law perspective.

The Identity Crisis of International Criminal Law

2008 ◽  
Vol 21 (4) ◽  
pp. 925-963 ◽  
Author(s):  
DARRYL ROBINSON
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Criminal Law ◽  
International Criminal ◽  
Identity Crisis ◽  
International Criminal Law ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Crisis Theory ◽  
Criminal Justice Systems

AbstractThe general narrative of international criminal law (ICL) declares that the system adheres in an exemplary manner to the fundamental principles of a liberal criminal justice system. Recent scholarship has increasingly questioned the adherence of various ICL doctrines to such principles. This article scrutinizes the discourse of ICL – the assumptions and forms of argumentation that are regarded as sound reasoning with appropriate liberal aims. This article argues that ICL, in drawing on national criminal law and international human rights law, absorbed contradictory assumptions and methods of reasoning. The article explores three modes by which the assumptions of human rights liberalism subtly undermine the criminal law liberalism to which the system aspires. These modes include interpretive approaches, substantive and structural conflation, and ideological assumptions. The identity crisis theory helps to explain how a system that strives to serve as a model for liberal criminal justice systems has come to embrace illiberal doctrines that contradict the system's fundamental principles.

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