The actual implementation of the rights and freedoms of the individual as the highest social value is possible only when the most important task is to use the apparatuses of the state to guarantee freedom – freedom of personality, freedom of enterprise, freedom of developing institutions of civil society, building a strong state, which is unthinkable without respect for the rights and freedoms of man and where the only one dictatorship is the dictatorship of the Law. (Joyce, 2013)
It is well known the importance of criminal justice in protecting individual freedom and human rights, protection of free enterprise and civil society institutions ensure the rule of Law. However, to fully meet the expectations of society, criminal justice must adequately reflect the socio-economic realities, to be as fair as possible, because only then it can fulfill its purpose - to protect society, the state and its citizens from criminal attacks, resorting to the only measures worthy of humanistic areas of human development in the twenty-first century.
In my humble opinion, the main principle of justice is that punishment and other measures criminally-legal character applied to the person must be fair, i.e. correspond to character and level of open risk of the crime, the circumstances of its commission and the identity of the perpetrator. The essence of this principle is that criminal responsibility, first, must be based only on sound, proven and fully complies with the law circumstances. This is particularly relevant for sentencing. It is also worth noting that it criminal responsibility cannot be applied to one person twice for the same crime. To conclude, the criminal justice system should work for the people and protection of their rights, but not for punishment.
References
Joyce, P. (2013). Criminal justice (2nd ed.). London: Routledge.
