Criminal Enforcement Guarantees of Violation of the Principles of the Constitution; a Case Study of Violations of Freedoms and Fundamental Rights of Individuals

Constitutional law as a fundamental law is of great value and validity. But this validity and importance is prominently cultural and ethical giving it a spiritual worth in nature. The Guaranteed implementation of constitutional provisions depends on the firm conviction of the government and the nation. This means that the deeper they believe in constitutional law, the better guarantees they can have for their implementation without violations requiring prosecution or condemnation. However, constitutional principles cannot be abandoned without administrative guarantees especially in non-democratic countries. Therefore, the ordinary legislator should also consider guarantees for criminal enforcement. A group of important provisions of the Constitution of the Islamic Republic of Iran is related to the fundamental rights and freedoms of the people. Given that the government is the guarantor of their realization, these must have a stronger guarantee of implementation. These rights have been enshrined in a number of constitutional principles, but most of them are in Chapter 3 of the constitution. The purpose of this article is to explore the guarantee of criminal enforcement of these rights. Article 570 of the Islamic Penal Code passed in 1996  envisages the most important guarantee of the enforcement of these rights. However there are some subtle points related to it that call for deep research. The present paper attempts to address this article (570), its relationship with subject matter of other legal articles and the intended rights and freedoms