نوع مقاله : علمی - پژوهشی
1 عضو هیأت علمی گروه حقوق کیفری و جرمشناسی دانشگاه علامه طباطبائی
2 دانشجوی کارشناسی ارشد حقوق جزا و جرم شناسی دانشگاه علامه طباطبائی، نویسنده مسؤول
عنوان مقاله [English]
Considering the right to privacy or the privacy of individuals is one of the prominent human rights in any society. One of the action in that will be considered as a violation of privacy is "search and inspection". Given the exceptional nature of this action, it is essential to determine the boundaries of this action in the rules of criminal procedure. According to the principle of “non-entry into the privacy of the persons” and the absolute lack of this right, justice system in both Iran and America, in addition to guaranteeing this right, in order to provide public order and interests, they explained the license ways to restrict such. In both the judicial system, inspection and search, subject to the permission of the judicial authority, except in cases of necessity, such as in an obvious crime. However in America's legal system in addition to the obvious crimes, for clear and immediate danger when the police authorities have the right to inspect and search. In the America's legal system, contrary to Iranian law, clear rules for search and inspection of vehicles allocated. One of the distinctive aspects of the American legal system in this context is not only related to past crimes and evidence inspection, but also by assigning special arrangements such as the search and expected or pre-emptive inspection to discover the crime. On the other hand, in both the legal system, appropriate guarantees, such as criminal and civil enforcement are dedicated. However, in America's legal system exclusionary rule has dedicated. This matter act as an essential step in ensuring that the rules and hearing procedures is proceeding.