The Need to Observe the General Principles of Criminal Law in Dealing with Administrative Violations

Document Type : Original Article

Authors

1 Associate Professor of Criminal Law and Criminology, Faculty of Law, Ferdowsi University, Mashhad, Iran

2 PhD Student in Criminal Law and Criminology, Faculty of Law, Ferdowsi University, Mashhad, Iran

Abstract

General principles of criminal law are rules that are provided in criminal law to guarantee the rights, freedoms of individuals and the health of the fair trial process, which, given the nature and effective operation of these principles, their effectiveness cannot be limited to criminal proceedings and their effectiveness in the process of administrative and disciplinary proceedings should not be neglected. International instruments, in order to guarantee the human dignity of individuals, have provided for requirements based on the observance of these principles in court proceedings, in order to ensure the principle of a fair trial as one of the most important human rights of individuals. In this regard, considering that the verdicts issued by the administrative courts can have the greatest impact on the social personality of the employee, the observance of these principles in administrative proceedings is very important. Findings indicate that in the field of administrative law, the legislator has taken a different approach to the application of these principles. Thus, in the territory of some administrative regulations, it has applied the general principles of criminal law, but in some administrative regulations, it has not paid attention to these principles. This has led to violations of human rights and human dignity of employees.

Keywords

References

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History

  • Receive Date: 13 June 2020
  • Revise Date: 28 August 2020
  • Accept Date: 19 December 2020

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