Procedural Legality in Light of Exceptional Circumstances

Abstract

This study examines the crucial importance of procedural legality as a fundamental safeguard for human rights in the criminal justice system, particularly in the preliminary investigation phase, and its modification under exceptional circumstances. The research highlights those constitutional principles provide the strongest protection for these rights, and any violation can lead to the unconstitutionality of the legislation. The principle of legality is identified as the paramount guarantee, from which all other safeguards derive their existence, serving as the bulwark against the despotism of authority. The paper analyzes how exceptional circumstances (such as states of emergency and martial law), rooted in the doctrine of necessity, necessitate a departure from ordinary legality rules, leading to an expansion of executive authority at the expense of personal freedoms. The study warns against the continuous expansion of these exceptional rules and the use of non-ordinary courts, which erode legal protections. Furthermore, the paper discusses the key guarantees ensured by the principle of legality, including the protection of individual rights from the abuse of authority, the independence and justice of the judiciary, equality before the law, the non-retroactivity of criminal texts, and the right to know the competent judicial authority. The research concludes by recommending adherence to ordinary legality rules, as they are sufficient to protect the public interest, and emphasizes the need for judicial oversight over all restrictive measures taken under exceptional circumstances.