The Necessity of Humanitarian and Legal Protection at the Stages of Criminal Investigation

Abstract

The relevance of fundamental individual rights in national criminal justice systems is well established. For instance, the Magna Carta of 1215 guarantees liberty, a fair criminal trial, legality, and equitable punishment. International human rights law has grown in importance, especially after WWII. Human rights have shaped the criminal justice system in recent decades, making it a crucial legal topic. This is anticipated, as illustrated in the following paragraphs. The criminal justice system is the state's most powerful instrument amid domestic tranquilly. This phenomenon is usually coercive. Criminal law and procedure always violate an individual's freedom and social space. To repress more severe offences and protect individual rights against even greater infringements, a criminal justice system may be required. Safety and protection of the population are governmental priorities. States cannot offer appropriate security without criminal justice institutions, as has been shown throughout history. Thus, the criminal justice system is vital to governmental authority. Due to the nature of the criminal justice system, every Rechtsstaat (state that follows the rule of law) has a monopoly or major authority over criminal justice. Human rights belong to people and communities, not the state. Many believe these rights are inherent and unalienable and that everyone has them by virtue of their humanity. Even from a positivist viewpoint, human rights involve vital concepts to protect people against governmental power. International human rights treaties, which include processes for individual complaints, and constitutional reforms have improved the legal protection of individuals. Given the criminal justice system's inherent oppression and the expanding legal enforceability and protective aim of fundamental principles, human rights are expected to have a substantial influence on criminal justice. Thus, human rights are not incompatible with substantive criminal law, criminal procedure law, and sentence law, which constitute the foundation of the criminal justice system. There are similarities between criminal law and human rights laws that apply to the criminal justice system. The concepts of proportionality, subsidiarity/necessity, honesty, and justice underpin criminal and human rights law.