Chapter introduction



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BREACH OF HUMAN RIGHTS CRIMINAL JUSTICE


Chapter 1
INTRODUCTION


1.1 Introduction:
The fundamental principle of criminal law and criminal justice system is to control crime, punish the offenders, prevent crimes, protect innocents and to maintain a fair degree of cohesion and stability in society. It is important to realize that criminal justice refers to a process as well as to a system of agencies and organizations. This process is reasonably well-defined in that it takes an offender through a series of steps beginning with his/her arrest and concluding with his/ her reentry into society. The functioning of the criminal justice system is wide enough to achieve its goals and objectives. Its ultimate goal is undoubtedly to make the society safer for its people and protection of Human Rights in the process of criminal justice system. The right to fair trial is Human Rights, which has been accorded to all. The violation of this right, to some extent may be considered as crime. But which must be overcome by the law and criminal justice system of Bangladesh to make a framework of fair trial of accused person in Bangladesh.


1.2 Objective of the Work
The specific objectives of the Research where to:

  • The fundamental principle of criminal law and criminal justice system is to control crime, punish the offenders, prevent crimes in society.

  • The functioning of the criminal justice system is wide enough to achieve its goals and objectives.

  • The right to fair trial is Human Rights,

  • This process is reasonably well-defined in that it takes an offender through a series of steps beginning with his/her arrest and concluding with his/ her reentry into society.


1.3 Historical Background
According to Code Of Criminal Procedure, 1898 and Penal Code, 1860, all of criminal offences are related with punishment in Bangladesh. The treatment or conduct of criminal behavior is known as punishment in our criminal justice system or society.
The Constitution of Bangladesh states: “No person shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment.” This provision is nearly duplicated in Article 7 of the ICCPR, which states that “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”
The government of People’s Republic of Bangladesh had registered some declarations and reservations to particular articles of the treaties and furthermore, Bangladesh has not yet ratified nor has it acceded to a number of international human rights treaties, particularly the Optional Protocols to the two International Covenants, i.e. the ICESCR and the ICCPR.
The ICCPR expressly states in Article 6(2) that a sentence of death may be imposed only for the most serious crimes. The Human Rights Committee has stated that “the expression ‘most serious crimes’ must be read restrictively to mean that the death penalty should be a quite exceptional measure.”


1.4 Methodology
I have taken opinion from my teacher and some other advocates to whom I work as an appreciative. As secondary source, books, Acts, Journal, Newspapers and law reports have been used. Research Methods include theoretical procedure procedures, experimental studies, numerical schemes, statistical approaches, etc. It help us collect samples, data and find a solution to the problem.
The functioning of the criminal justice system is wide enough to achieve its goals and objectives. Its ultimate goal is undoubtedly to make the society safer for its people and protection of Human Rights in the process of criminal justice system.

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