Main Directions in the Scholarly Literature on the Rule of Criminal Investigation and its Role in the Protection of Human Rights and Freedoms
Introduction
Both common and civil law traditions acknowledge the criminal investigation process as a crucial part of the wider framework of criminal justice. Therefore, in civil and criminal cases, international law advocates for a fair trial with factors such as human rights being observed in all circumstances. Moreover, criminal investigations and supporting proceedings much uphold impartiality, competence, and independence as the foundation for ensuring justice is administered fairly. Cherif Bassiouni explains that the rule of criminal investigation acts as a legal pillar of a democratic society, and those involved are obliged to be respectful of the statute of law. Braga notes that today, in multiple fundamental elements, the criminal investigation process has relatively been uninfluenced by the crucial alterations in policing, technological developments, and the introduction of new crimes. Even so, the lack of sufficient changes and innovations on the subject should not hinder compliance with the rule of law, especially on crucial matters such as the protection of human rights and freedoms.
This literature review aims to utilise relevant primary and secondary sources concerning the rule of criminal investigation and its role in the protection of human rights and freedoms.