Study of Human Greatness as the Basis of the Suspect's Rights in the Criminal Law System of Afghanistan and Iran

Abstract

One of the most significant issues in the field of criminal law is human greatness. Because human greatness forms the basis of many human rights, the exact definition and its nature are not clear. The natural and conventional nature of the greatness needs to be discussed. The issue of the acquired greatness and inherent dignity of this world is not clear. The rights due to human greatness for the suspect are expressed differently in the criminal law of Afghanistan and Iran as the two Islamic countries. The basic necessity of this research is to use the advantages of the criminal system of one country to solve the problems of the criminal laws of another one, and the other advantage of human greatness is having a practical aspect. That is, although the concept and nature of human dignity is a theoretical issue, the rights arising from it have a practical aspect. The basic goal of this research is to provide the definition of the concepts: base, human greatness, explaining the nature of human greatness and specifying its categories, and to know the rights arising from human greatness for the suspect in the laws of Afghanistan and Iran. The basic issues in this research are the definition, nature, and types of human greatness. The questions: what is the definition of the word base against principle, source and rule? Is it possible to give a specific definition of human greatness today? Is human dignity among the rights inherent or contractual? Greatness is divided into which categories? What are the types of human greatness? Do the acquired greatness and the inherent greatness of the world include the category of greatness? The findings of this research using the library and descriptive-analytical method are as following; Kant and Mulla Sadra considered human greatness as a natural right and not a contractual right. Scholars have categorized greatness under the headings of inherent greatness, acquired greatness, acquired greatness of that world and inherent greatness of this world. The laws of Iran and Afghanistan have placed the principle on human greatness and accepted the resulting rights incompletely in their criminal laws and provided civil and criminal enforcement guarantees for those who violate them.