A FEASIBILITY STUDY ON PERMITTING INVADING INDIVIDUAL PRIVACY TO DETECT CRIME IN SEXUAL CRIMES FROM THE PERSPECTIVE OF QURANIC AND NARRATIVE EVIDENCE AND THE VALIDITY OF PROHIBITING THE VIOLATION OF PRIVACY FROM THE PERSPECTIVE OF IRANIAN CRIMINAL LAW

Sarikhani, Adel; Hajideh Abadi, Mohammad Ali; Qobadian, Ali

doi:10.22034/thdad.2022.517762.1603

A FEASIBILITY STUDY ON PERMITTING INVADING INDIVIDUAL PRIVACY TO DETECT CRIME IN SEXUAL CRIMES FROM THE PERSPECTIVE OF QURANIC AND NARRATIVE EVIDENCE AND THE VALIDITY OF PROHIBITING THE VIOLATION OF PRIVACY FROM THE PERSPECTIVE OF IRANIAN CRIMINAL LAW

Document Type : Original Article

Authors

Adel Sarikhani ¹

Mohammad Ali Hajideh Abadi ²

Ali Qobadian ³

¹ Professor, Department of Criminal Law and Criminology, Faculty of Law, Qom University, Qom, Iran.

² Associate Professor, Department of Criminal Law and Criminology, Faculty of Law, Qom University, Qom, Iran.

³ Professor, Scientific Associate of Al-Mustafa Society, International. Qom, Iran.

10.22034/thdad.2022.517762.1603

Abstract

The crime detection stage is considered as one of the most significant stages of the criminal proceedings. In cases which are related to sexual offenses such as rape and require violating individual privacy ,therefore is a place of conflict between individual and social rights. The first principle in Imamiyeh jurisprudence and, consequently, the criminal law of Iran, is the maximum observance of individual privacy, which requires the impermissibility of invading one’s privacy and failing to detect a crime. Violation of this principle requires a reason. This article, in a descriptive-analytical method and through using library resources, aims to explore the impermissibility of invading individual privacy in sexual crimes. The findings of the study indicate that there is no Quranic or narrative evidence for such cases which prohibits invading individual privacy when there are more important issues, such as the preservation of an innocent person's personal life or the need to prevent further prostitution or extortion of a completely innocent victim and the realization of his or her rights. Hence, such investigations are necessary due to the need to help the oppressed and to counter the spread of prostitution; This matter has not been neglected to some extent by legislators, and in two articles of 241 Q.M.K and 102 D.K, the investigation is permitted by the judicial authority within the scope of the complaint in cases of sexual assault.

Keywords

Crime detection

the violation of individual privacy

sexual crimes

covering crime

invasion of privacy