babak pourghahramani; Mozafar Ahmadi sarbarzeh
Volume 10, Issue 2 , September 2021, , Pages 55-78
Abstract
Telecommunications is one of the basic rights of defendants and convicts, which is protected by various documents. In very exceptional cases, the legislature has violated the license, ...
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Telecommunications is one of the basic rights of defendants and convicts, which is protected by various documents. In very exceptional cases, the legislature has violated the license, which is rooted in the legitimacy of education, so investigators and judicial officers have a wide range of tools. Investigations are needed to use it through telephone tapping, interception of letters and correspondence sent through telecommunications, and reporting violations to defendants and convicts. The purpose is to investigate the violations in the law of criminal procedure of Iran and France. The data were analyzed using library documents and analytical-descriptive method. The findings show that the French legislature has paid full attention to the protection of defendants and convicts in all aspects of human rights, which means a correct understanding of the legislation, but in Iranian law due to lack of information to defendants and convicts in violation of telecommunications, with moral principles, Sharia and civil liberties are in conflict. The novelty of the investigation is to address violations that violate ethical, religious, judicial security, and criminal procedure law. The results show that the approach of the legislators of the two countries is more security-oriented than protecting the citizens. In Iran, it is the strengthening of the rule of law and the regulation of telecommunications privacy that takes place in trials and in the field of privacy; in France, it is the legal protections in trials and in the field of telecommunications that ultimately lead to criminal protections for defendants and convicts. Is.