نوع مقاله : مقاله علمی - پژوهشی
عنوان مقاله English
نویسنده English
Respecting individuals' privacy means honoring their dwellings and workplaces and keeping their correspondence, letters and conversations surreptitious. Because of the importance of privacy as one of the significant concepts of developed legal systems and due to its close nexus with human dignity, personality and freedom, legislators and jurisprudence have endeavored to regulate acquiring evidence and to lay down specific rules and regulations in the field of inspection of houses and places -especially in primary investigations- and to subject its legitimacy and admissibility to respecting peoples' privacy. Although sometimes the importance of committed crimes and the priority of public benefits over those of the individuals, and specially the prevalence of security-oriented considerations have been used to justify derogations from this principle, the legitimacy and
authenticity of acquired evidences have nevertheless been always evaluated in the light of respecting the law and proportionality and necessity of inspections. Despite the fact that Iranian legislator and its jurisprudence are not alien with the concept of privacy, existing rules and regulations are not sufficient for protecting various dimensions of this organizing principle of civil societies. Therefore, considering French legal system- which has been amended in the light of the practice of the European Court of Human Rights- may make Iranian legislator acquainted with significant dimensions of protecting privacy and with the approaches of other legal systems and prepare the ground for legislative changes in this regard.
کلیدواژهها English
