Jurisprudential and Legal Investigation and Privacy in Preliminary Investigations

One of the most important issues in criminal law and in the process of criminal proceedings and an important part of the preliminary investigation is the search of places and houses or devices or persons mentioned in the fifth chapter of the Code of Criminal Procedure 92. Home searches are closely linked to privacy and freedom of the individual. Therefore, by examining the exact meaning of the inspection and its scope in criminal law, it can be said that the inspection also has jurisprudential support in jurisprudential arguments. While examining privacy in jurisprudential arguments, ie in the Holy Quran, the tradition and reason and law, and dividing privacy into examples such as physical privacy, information, communication, and homes and places, it is concluded that Imami jurisprudence emphasizes maintaining respect. The privacy of individuals is subject to certain criteria for inspection, including the Code of Criminal Procedure and the Constitution and other laws that emphasize the protection of the rights and freedoms of individuals, including their privacy. The principle in the preliminary investigation of crimes is that the privacy of individuals be respected, and on the other hand, the search warrant allows investigators to invade certain homes and places that are considered the privacy of individuals, but the Code of Criminal Procedure, search and inspection It is permissible when it is more important than the rights of individuals such as privacy and individual freedoms, because in jurisprudential arguments, the preservation of human dignity, the prohibition of spying and the prohibition of disclosure of secrets refer to the privacy of individuals. Therefore, in this research, we try to explain the limits and scope of the inspection and also to study the jurisprudential principles of the it.