Criminal Exception and Its Impact on Procedural Safeguards

Abstract

This research deals with the criminal exception and its impact on procedural guarantees, focusing on its role in contemporary criminal policy to confront security risks and exceptional crimes. In the first section, the existing tension between the need for exceptional measures and the protection of individual rights and freedoms was discussed, by analyzing the conceptual, philosophical and legislative foundations of the criminal exception, with a focus on the preventive logic that gives priority to the potential danger over the actual criminal act, and warning against converting temporary exceptions into permanent rules. In the second section, the practical effects of these exceptions on procedural guarantees during the investigation were reviewed. and trial, explaining how the expansion of exceptional procedures may weaken the presumption of innocence, restrict the right to defense, and reduce the effectiveness of judicial oversight. The research concludes that the fundamental issue is not the existence of a regulated criminal exception, but rather the absence of constitutional and procedural guarantees that permanently prevent its use. It also emphasizes the necessity of regulating exceptions in accordance with the principles of necessity and proportionality while preserving the basic rights guaranteed to ensure the legitimacy of criminal justice and the rule of law.