جستجوی مقالات مرتبط با کلیدواژه « کیفرمدار » در نشریات گروه « فقه و حقوق »

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.