مباني ماهوي عدالت در حقوق كيفري و حقوق بشر

Essential principles of Justice: penal law and human rights

"if justice is lost, there is nothing else that can give value to human existence." Even though human rights and penal law differ from one another, they share a common goal: the search for justice. penal justice consists of a comparison or the harm caused by the crime committed wiht the degree to which the criminal deserves to be punished. The defining and carrying out of reasonable punishment both in penal law and under human rights have several essential aspects. The analysis of the essential principles of justice and the standards whose observance culminates in the creation and negation of theoretical obstacles. These principles can be summarized in four basic categories: the primacy of law observance of virtue, putting an end to unnecessary punishment or the necessity of punishment and equality of all before the law. All other principles and standards somehow are related to these four categories.