مشروعية السلطة التنفيذية بمراقبة الاتصالات الهاتفية

Abstract EN

Monitoring telephone calls and stating the extent of their legitimacy and their impact on the public freedoms of individuals and their privacy represented by imposing restrictions on these freedoms.

You made us reach a set of results as follows: 1 - The Jordanian project took the issue of controlling telephone communications in article 88 of the code of criminal procedure but on the Jordanian project, it did not do this procedure, which makes it clear, and free of any ambiguity.

The Egyptian project took control of telephone communication in article 95/ 95 bis, which clarified the cases in which such a measure may be taken and specified them exclusively in felonies and them exclusively in felonies and misdemeanors.

There is a disagreement among the criminal law jurists regarding the adaptation of the procedure whereby telephone calls are monitored.

some of them considered it a form of searches and some considered it a seizure and some considered it a special measure The process of monitoring telephone calls is an assault on the freedoms of individuals which has prompted legislation in general to make the decision to do so within the jurisdiction of the judiciary surveillance of phone calls should be useful in reaching the truth which is to reach the crime and its perpetrator.

There is a jurisprudential opining that considers monitoring calls an unlawful measure as it contravenes the constitutional texts, which stipulate the crime of individual’s lives, and privacy.