Guarantees of the accused when a search warrant is issued An applied study in the Iraqi and Iranian Code of Criminal Pro

Abstract

Obtaining evidence through inspection requires that the accused subject to this procedure be provided with guarantees that prevent his rights from being violated due to the violation of the individual’s privacy and sanctities in this procedure. Therefore, we find that most legislation has paid attention to the rights of the accused by establishing guarantees represented in rules and principles that must be observed when issuing an inspection order. They sought to have the texts of the law formulated in a way that is consistent with what was emphasized by the divine law, international covenants, and internal constitutions. The texts of the law prevented the issuance of an order. By searching unless there is a crime that has actually occurred and there is strong evidence attributing it to the accused. It also stipulates that the place of search must be precisely specified when the order is issued so that this procedure does not apply to other places of the accused or others or confuse him with others It is impossible, and also that the place be Which may be searched. Despite the shortcomings contained in these laws, they played a prominent role in emphasizing such statements as guarantees dictated by the basic principles of criminal procedures.