Comparative Criminal Jurisprudence

Comparative Criminal Jurisprudence

The Challenges of Security-Oriented Criminal Policy in the Light of Jurisprudence and Human Rights Standards

Document Type : Original Article

Authors
1 Ph.D. Student, Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran.
2 Assistant Professor, Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran (Corresponding Author).
3 Assistant Professor, Department of Law, Najafabad Branch, Islamic Azad University, Najafabad, Iran.
10.22034/jccj.2023.389973.1232
Abstract
Penal-oriented criminal policy (security-oriented) is a type of criminal policy that focuses more on order and security in society. This type of criminal policy faces challenges in implementation. Human rights standards are among these challenges. In this article, these problems are investigated. The following article is descriptive and analytical and has dealt with the mentioned topic by using the library method. The findings indicate that both from a jurisprudential and legal point of view, the security-oriented criminal policy causes a deviation from the principle of innocence, limiting individual freedoms, violating fair proceedings, creating special courts and intensifying punishments, not paying attention to the material element of the crime. And the use of unconventional evidence in proving the crime is considered a fundamental challenge for human rights standards. This is despite the fact that human rights in the field of criminal law have defined and specific standards that emphasize the protection of individual rights and freedom. The result is that in adopting any criminal law, it is necessary to consider the components and elements of human rights in the field of criminal law. In fact, the positive interaction of criminal policy with the penal system of human rights is a necessary thing, which of course has its own conditions and faces certain problems and limitations.
Keywords

Volume 3, Issue 3
Summer 2023
Pages 141-155

  • Receive Date 06 February 2023
  • Revise Date 24 April 2023
  • Accept Date 08 May 2023
  • Publish Date 23 September 2023