Dignity-based Penal Policymaking and The Place of "Right to Human Dignity" in it (with emphasis on Constitutionalization Doctrine)

Dignity-based criminal policy, instead of being a tool to support the political system (government or sovereignty) against citizens - which provides the first platform for the authoritarianism and tyranny of the ruling class - is a mechanism for protecting the rights of citizens against the political system. Based on this, the main feature of criminal policy is dignity-oriented, justice-oriented or citizen-oriented. This feature puts dignity-oriented criminal policy against security-oriented or state-oriented criminal policy. According to this analysis, the right to human dignity finds a very noble and important place in the models of dignity-oriented criminal policy and without guaranteeing this right, practically, dignity-oriented criminal policy will not only not be formed but also will not be implemented and the result will be that Criminal policymaking will be directed towards security-oriented and in the direction of providing and guaranteeing the security of the government and sovereignty instead of the security of citizens, and perhaps the grounds for comprehensive authoritarianism of the government and sovereignty in the field of criminal policymaking will be provided. Considering the importance of this category, in this article, the concept and components of dignity-based criminal policy and the place of the right to human dignity in this type of criminal policy will be discussed. The general result of the present research is that the components and functions of an efficient model of criminal policy should always be defined in line with the fundamental rights and freedoms of citizens, which are among the missions of the strategic principles of criminal law, and are the basis of the policy makers' work be criminalized.

کلیدواژه ها:

Criminal policy ، fundamental rights and freedoms of citizenship ، dignity-oriented penal policy ، the right to human dignity ، justice-oriented penal policy.