التنظيم القانوني للتفتيش : دراسة مقارنة

Abstract EN

The subject of this research is based on the legal organization of the inspection as a procedure of the investigation in the criminal law, when it used to uncover the crime and look for its wrongdoer and collecting the evidences and tools that used in this crime.

the purpose of the inspection is to discover the human’s secrets through personal searching or inspection his residence or his belongings.

the human liberty and his home inviolability concern of Iraqi legislation that not allowed enter the residence without a permission unless in necessity case whereas Iraqi constitution formulate exceptional case when given the authorities the right to inspection in conformity with the law and judicial orders.

in view that, we tried in this research to study the legal organization of the inspection according to Iraqi legislations and the comparison laws regarding the inspection procedures and its disciplines and conditions then study Iraqi legislations opinion about the inspection and the formalistic and substantive safeguards that must be considered.