调查与法治:对喀麦隆和乌克兰刑事诉讼法的理解

Nana Charles Nguindip, L. Mohilevskyi, Ablamskyi Serhii Yevhenovych, Tetiana Kuzubova
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引用次数: 0

摘要

在一个特定的社会中,如果不尊重为确保尊重基本人权和尊严而制定的现有标准和原则,就没有任何一个社会能够成功运作。这一概念和可接受的规则是,犯罪委员会是在既定规则和条例的保护伞下运作的任何特定和有文件记录的社会中不可避免的单一现象。喀麦隆和乌克兰采取了重大步骤,制定了可信的法律,所有这些都是为了维护和保护那些被推定犯罪的人的基本人权。该条阐明并规定,只有当负责调查的人在调查过程中尊重正当法律程序,使他们的行为不应侵犯有关嫌疑人或被告的权利时,才能在调查阶段尊重法治。它规定,当乌克兰和喀麦隆警方进行调查时,总是会发生严重违反刑事程序的行为,这在很大程度上影响了刑法的目标,即保护每个人的权利和尊严,而不管在刑事诉讼中获得的现状如何。这种在调查阶段严重侵犯被指控的权利和地位的结果将影响刑法体系的基本原理和目标,即确保所有刑事诉讼应该尊重人的标准和尊严。原因是,在调查过程和程序中,执法人员必须能够尽职尽责地履行分配给他们的各种职责,并尊重各种刑事调查标准。为了确保做到这一点,那些执行司法程序和审判的人需要,调查警察官员所做的所有证据、搜查、扣押和记录都应该根据推定罪犯的自由意志进行。
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Investigative and the Rule of Law: A Cameroonian and Ukrainian Criminal Proceedings Law Understanding
There is no instance in a given society that can successfully opeate and function without respecting existing standards and principles set in place in ensuring the respect of fundamental human right and dignity. The notion and acceptable rule is that, Crime commission is an unavoidable singularity in any given and documented society functioning under the umbrella of established rules and regulations. Cameroon and Ukraine has engaged huge steps in establishing credible laws, all in the preservation and protection of fundamental human right of those presumed of crime commission. This article articulates and establishes that,the only way the rule of law can be respected during the investigative stage, will only when those responsible for investigation respects the due process of the law in the course of its investigation so that their act should not contravene the right of the suspect or accused in question. It provides that when issues of investigation are carried out by Ukraine and Cameroon police, gross violations of the criminal process are always experienced, and this greatly affects the objective of criminal law being that of protecting the right and dignity of everyone irrespective of the status quo acquired during the criminal proceedings.the results of this gross violation of the accuesed rights and status during the investigative stage will affect the rationale and objective of the criminal law system which is to ensure that all criminal process should respect human standard and dignity. The reason for this is that, during the investigative process and procedure, the law enforcement ofiicers must be able in detaching their various duties assigned with due diligent and respect of the various criminal standards of investigation. To ensure that this is done, there is that need of those enforcing the jucial process and trial should that all evidences, searches, seizures, recording done by the investigative police officials should be done in accordance of the free will of the presumed criminal.
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