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«Dignity-Based Penal Policymaking and The Place of "Right to Human Dignity" in it (With Emphasis on Constitutionalization Doctrine)»
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Hamid Reza Heydarpour *1    , Ali Reza Jamshidi2 , Jila Mehara3 |
1- Postdoctoral Researcher in Criminal Law and Criminology, Shahid Beheshti University, Tehran, Iran.
2- Faculty Member, Islamic Azad University, Central Tehran Branch, Tehran, Iran.
3- Master of Criminal Law and Criminology, Allameh Tabatabaei University, Tehran, Iran |
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Abstract: (216 Views) |
Dignity-based penal policy, instead of being a tool to support the political system (government or sovereignty) against citizens - which provides the first platform for the authoritarianism and tyranny of the ruling class-is a mechanism for protecting the rights of citizens against the political system. Based on this, the main feature of penal policy is dignity-oriented, justice-oriented or citizen-oriented. This feature puts dignity-oriented penal policy against security-oriented or state-oriented penal policy. According to this analysis, the right to human dignity finds a very noble and important place in the models of dignity-oriented penal policy and without guaranteeing this right, practically, dignity-oriented penal policy will not only not be formed but also will not be implemented and the result will be that penal policymaking will be directed towards security-oriented and in the direction of providing and guaranteeing the security of the government and sovereignty instead of the security of citizens, and perhaps the grounds for comprehensive authoritarianism of the government and sovereignty in the field of penal policymaking will be provided. Considering the importance of this category, in this article, the concept and components of dignity-based penal policy and the place of the right to human dignity in this type of penal policy will be discussed. The general result of the present research is that the components and functions of an efficient model of penal policy should always be defined in line with the fundamental rights and freedoms of citizens, which are among the missions of the strategic principles of penal law, and are the basis of the policy makers' work be criminalized. |
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| Keywords: Penal policy, Fundamental Rights and Freedoms of Citizenship, Dignity-oriented Penal Policy, The Right to Human Dignity, Justice-oriented Penal Policy |
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Full-Text [PDF 967 kb]
(144 Downloads)
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Type of Study: Research |
Received: 2024/09/4 | Accepted: 2024/12/18 | Published: 2024/12/21
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