Résumé:
Human Rights are one of the most important legal branches, which
are extending towards other legal ones, such as the penal code and others.
This is due to one major reason which lies in the Human rights tendency
which doesn't allow any segmentation between them As a result, the man
whether, be is suspect, accused, guilty or victim, is considered as the
stone corner on which his rights protection is based en infront of the
penal code.
The penal code with its two branches: The criminal law and the
criminal procedure code, is one of the most important laws which raises
many human rights issues when it is tackled. And most Human Rights
monitoring is focused on the code of criminal procedure as a practical
application of the penal code. In addition it allows more consideration to
the discretionary authority and means of criminal evidence and its
independence and how they can result of harassment and violation on the
rights and freedoms of citizens before the judicial authority.
However, the question would surely raise again, to what extent the
protection of human rights is serious? Mainly, when the accused is
proved guilty and would spend his prison sentence. Is this criminal put to
prison as a punishment for his deeds or is he there for a rehabilitation ?
and in this case, it necessary to realize and respect basic rights of this
convict, which were not covered under the penality. Even the ones, which
were covered under the penality shouldn't be exceeded by more than the
ones required by law.