Basic guarantees of the restricted freedom

Document Type : Original Article

Author

Faculty of Law - Mansoura University

Abstract

The guarantees of the accused have been and continue to be — the subject of attention for centuries. In the eighteenth century, two distinct movements in criminal law emerged. The first calls for demands for greater safeguards for the accused, such as continued oversight of police authorities and protection of personal freedom. Second, it calls for harsher penalties and, where necessary, limits on personal freedom to protect citizens.  of falling victim to criminal behavior. Thus, the first aimed not to convict an innocent, and the other aimed to prevent the abuser from going unpunished. In the nineteenth century, a reform movement emerged in the field of criminal procedure law that sought to organize criminal justice in a way that guarantees the State its right to retribution against the criminal without the innocent finding himself deprived of everything that guarantees him to show his innocence. Therefore, it has been rightly said that the Code of Criminal Procedure is the "Code of Honourables" and the Penal Code is the "Law of the Mischievous", because the first of them originally means the acquittal of the innocent, while the other establishes a penalty for those found guilty by a court ruling. It was also said that "criminal proceedings override penal laws if they are corrupt," and that "criminal proceedings are the twin brother of freedom."

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