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Housing inspections and safeguards in Iraqi law a comparative study | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 6, Volume 1, Issue 2, 2010, Pages 154-171 PDF (141.16 K) | ||
| DOI: 10.37651/aujlps.2010.15751 | ||
| Author | ||
| Rabah Suleiman Khalifa | ||
| Abstract | ||
| The subject of this study may include two sections included the first research on the nature of housing which we explained the meaning to housing and the content of housing in addition to the grounds of protecting housing in constitutions and international conventions. The second section has included safeguards to prevent prejudice to the freedom of the person and the sanctity of his home has divided this guarantees to guarantees of formality should be a search warrant in writing "in addition to the presence of the owner or his representative during the inspection as well as the need for inspection at a specific time law" so as not to affect the comfort, Tmoninthm also must note this action in the minutes of organizing for this purpose . In addition to these guarantees formalism there are no guarantees have been described objective is the need for the issuance of search warrant from a competent authority law, "also required to specify the dwelling to be inspected as it should not be inspected randomly" In addition to this should be an inspection on the occasion of the commission of a crime or a strong evidence indicating to commit. The conclusion we reached in the search to a set of recommendations, including redrafting the text of Article 72/1 of the Code of Criminal Procedure in force Iraq to become as follows ((shall not inspect any person or entry into or search of his home or any place under his possession or what in the governance of this tenure, except in circumstances prescribed by law)) that extends the protection of this text to everything in the possession of the person, as proposed to the legislature need the text on the statements recorded in the search warrant in order to be blogging a barrier "to prevent infringement on the freedoms of others, Add to enact a specific provision under which identifies the time when the inspection like "much of the legislation, and that selection may be limited to between sunrise and sunset, except in exceptional circumstances which do not bear delay. | ||
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