ويژگي هاي جرم انگاري در پرتو اسناد و موازين حقوق بشر

Characteristics of Crime in Light of Human Rights Principles

The international document of human rights have identified and protected certain rights and freedoms and under some conditions, have considered that their violation constitutes a crime. But this could be regarded a serious intervention in human rights and a major violation of these rights by states. Therefore, it should be attempted under certain conditions. The importance of this issue becomes clearer, given the possibility of the statesʹ abuse of and intervention into the individualsʹ rights and freedoms under the pretext of protecting the rights and freedoms of the society. This article tries to enumerate the common characteristics of such crimes by examining the crimes stipulated in the international documents of human rights to reach a model compatible with human rights principles. The most important of these characteristics are the legality and necessity of intervention into rights and freedoms in a democratic society. Also the utility, applicability and transparency of crimes are among other characteristics which are considered binding in human rights documents.