The Suspect under the Sieve of Plausibility and the Imperative of Justice: A Critical Reading of The Penal Boundaries of Suspicion
4 January 2025 2025-01-04 4:22The Suspect under the Sieve of Plausibility and the Imperative of Justice: A Critical Reading of The Penal Boundaries of Suspicion
The Suspect under the Sieve of Plausibility and the Imperative of Justice: A Critical Reading of The Penal Boundaries of Suspicion
This study explores the role of the appearance theory in assessing suspect status within criminal proceedings, focusing on its theoretical foundations and practical implications while considering its impact on suspects’ rights. The concept of appearance presents a dual nature: it can reflect reality or distort it. In legal contexts, appearance is often viewed as a subjective interpretation of reality that requires verification.
In criminal law, appearance indicates potential reality, but its plausibility must meet a certain intensity threshold, introducing the need for careful evaluation. This raises a critical question: how does the theory of appearance, as applied across different stages of criminal proceedings, balance the need to address suspicion effectively with the obligation to protect fundamental rights, such as the presumption of innocence and fair treatment?
By examining legal doctrine and case law, this study critiques the limitations and risks of the theory of appearance while offering practical recommendations. The aim is to propose a fair and balanced framework that upholds justice and safeguards the rights of individuals within the criminal justice system
Dr. Rajae ZINE EL ABIDINE
Search
Categories
Popular Tags