ضمانات التفتيش في القانون العسكري

الملخص EN

Inspection is to look at a place granted by law a special sanctity to seize the tools and means that may be found in it that are useful in revealing the truth about a committed crime.

What is related to revealing the truth of the crime and its perpetrators, so it responds to people, public and private places, correspondence, papers, things, calls, equipment, and everywhere according to the necessity of the inve&igation.

We will try, through this &udy, to identify the reality of conducting the inspection in the Criminal Procedure Code and the Military Law, and to highlight the moS important guarantees granted by the military legislator to protect the sanctity of housing and its residents.

Reasons for choosing the subject The subject of inspection in the Armed Forces Law was motivated by a set of motives and reasons, which are: Given the extreme importance of the search procedure, as it is one of the moS dangerous procedures that infringe on the secrets of people and infringe on their personal freedoms.

The subject of inspection is almo& seen as an old subject, but the truth is the opposite, as the inspection has a close connection with the Criminal Procedure Code, which is the technical technique for the application of criminal and military law, which in its development keeps pace with the development and modernity of crime.

The importance of the topic: The importance of inspection as one of the procedures for collecting evidence that aims to reveal the truth, regardless of the beneficiary of it made the Procedures Law regulated by special provisions.

The legislator like the rest of the legislators, gave powers to the competent authorities to violate these rights and sanctity, but this authority is not based on its release.

The law has its legal framework and the Code of Criminal Procedure in its articles organizes the moS important substantive or formal conditions that must be met in the inspection procedure to be legitimate, and it also regulates the effects and penalties resulting from the failure of these conditions and consequently the fate of that procedure.

Therefore, the inspection procedure requires the availability of elements for the emergence of the right to it.

In order for it to be justified, and the implementation of the procedure requires being briefed on the guarantees and restrictions set forth by the Sudanese legislator, taking into account the humanitarian aspects and considerations related to the safety of evidence control to confront the accused.