Criminal law and human rights

A paradoxical relationship

Authored by: Françoise Tulkens , Michel van de Kerchove

The Routledge Handbook of European Criminology

Print publication date:  July  2013
Online publication date:  August  2013

Print ISBN: 9780415685849
eBook ISBN: 9780203083505
Adobe ISBN: 9781136185496

10.4324/9780203083505.ch6

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Abstract

It is self-evident that there is a close relationship between human rights and criminal law. 1 This is demonstrated in particular by the various instruments safeguarding fundamental rights and freedoms, whether in domestic, European or international law, in which this relationship is amply illustrated on three levels: classification of offences, sentences and procedure. The obvious nature of this relationship – at least in relative terms – should not, however, obscure its complex and paradoxical character, or the changes and discussions to which it has been subject.

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