THE RIGHT TO LIFE: HUMAN RIGHTS APPROACH IN CRIMINAL LAW

Le résumé fourni par la source

In this paper, the author considers the right to life within the relationship between criminal law and human rights paradigm, especially the role and importance of human rights doctrine in criminal law. The penetration of human rights into criminal law contributed to the strengthening of the criminal law protection of the right to life, both directly and indirectly. In the first case, certain norms and criminal law institutes that primarily protect the right to life have been redacted in terms of providing more comprehensive protection. Hence, when it comes to the protection of the life within criminal justice system it should be stated that criminal law becomes first instead of last resort. Mirroring the fact that life is a kind of “good” that is necessary condition for the enjoyment of all the other goods and rights, many criminal law norms that primarily protect other rights also need to be viewed in that sense. In general, there is a tendency to protect right to life not just in pure physical (bodily) sense but with the certain quality. However, based on the fact that human rights have both a defensive and an offensive role within criminal law it could be easily stated that the making criminal law norms and creating criminal justice system is in a certain way the art of balancing between an effective protection of the fundamental values which are endangered by criminal acts and protection of the fundamental values which can be endangered while that goal is being achieved.

Ce résumé expose les affirmations des auteurs. BNTIC ne l’interprète pas comme une validation indépendante des résultats.