Legal regulation of the time of houses inspection in Iraqi legislation - A comparative study- | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 21, Volume 13, Issue : 2 part 1, September 2023, Pages 625-652 PDF (1.04 M) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2023.141593.1029 | ||
| Author | ||
| Nahro Asaad Abdullah* | ||
| Khabat Technical Institute Head of the Food Security and Public Health Department Erbil Polytechnic University - Erbil - Iraq | ||
| Abstract | ||
| Inspection is one of the procedures of the primary investigation intended to seize evidence of the crime and look at a place that has a special sanctity to search for what is useful to the investigation and reveal its evidence. On the other hand, the search constitutes an infringement and violation of the right of the accused to the privacy of his private life and the inviolability of his home. Therefore, modern legislation has been keen to set guarantees for the provisions of the search, in order to prevent arbitrary measures and preserve rights and freedoms. We find that the Iraqi legislator has surrounded the inspection of homes with good guarantees, but it is noted that these guarantees are deficient in specifying the time of the house search, as well as his omission of the type of crime that must be searched for. This is because the Iraqi legislator did not include a text in the Code of Criminal Procedure specifying the time period during which an inspection may be achieve, as is the case with some comparative legislations, and therefore conducting an inspection day and night and at any hour is permissible. Without a doubt, this determines a wide discretionary authority for the investigating authority, thus violating an aspect of the sanctity of the dwelling, and this is the opposite of what many other comparative legislations went to, | ||
| Keywords | ||
| time,,; ,،procedure,,; ,،inspection,,; ,،homes | ||
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