A reflection on the necessity and continuity of complaints in crimes against chastity in Article 102 of the Criminal Procedure Code

Articles in Press

Document Type : Original Article

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Level 4 student of Qom seminary

Abstract

Article 102 of the Code of Criminal Procedure prohibits surveillance in crimes against chastity, but it allows surveillance on the condition that there is a complainant. But the question is, what is the basis of this license and is the condition of the existence of a complaint as an initial condition or continuous? In other words, in many cases there is a complaint at the beginning, but during the investigation, the complaint is dismissed, but the duty of the judicial authority is not clear. can stop the investigation or can continue the investigation. Because the matter is related to the duties of the judicial authority on the one hand, and on the other hand to the Sharia ruling of spying and entering into the privacy of others, it is necessary to resolve this ambiguity, while a research for This question has not been answered. This research, using a descriptive and analytical method, firstly deals with the basics of search warrant due to the presence of the plaintiff, and then by analyzing the words of the legislator and citing valid evidence, it states that the condition of the presence of the plaintiff in Article 102 is continuous, as a result,

Keywords

Criminal Law Doctrines

Articles in Press, Accepted Manuscript
Available Online from 29 December 2024

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