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العنوان
المسئولية الجنائية عن جرائم انتهاك الحق في سرية المراسلات :
المؤلف
العيساوي، عمار غالي عبد الكاظم.
هيئة الاعداد
باحث / عمار غالي عبد الكاظم العيساوي
مشرف / إبراهيم عيد نايل
مشرف / مصطفى فهمي الجوهري
مناقش / نبيل مدحت سالم
مناقش / إبراهيم عيد نايل
مناقش / عمر محمد سالم
مناقش / مصطفى فهمي الجوهري
الموضوع
القانون الجنائي.
تاريخ النشر
2016.
عدد الصفحات
548 ص. ؛
اللغة
العربية
الدرجة
الدكتوراه
التخصص
قانون
تاريخ الإجازة
1/1/2016
مكان الإجازة
جامعة عين شمس - كلية الحقوق - القانون الجنائي
الفهرس
يوجد فقط 14 صفحة متاحة للعرض العام

from 548

from 548

المستخلص

from the very beginning of the formation communities and ordinances laws are legislated and Legislators aims to protect society, the individual is the first nucleus of any society which is the focus of the legislator attention when legislated laws in order to achieve this protection to give an individual set of rights matched by another set of duties to regulate his life , in order to do not leave loose command and then does not accept disproof ignorance laws when compliance with offense action by law, and the legislators is not sparing effort in dealing with any new disease appears and threatens the modern civil human society which does not leave the mind of the legislator rule that the continuation of human life produces more progress in the technical field of industrial development and the addition of this progress from severe contradictions idea that more social development generally leads to increased sources of risks threats harm for transactor with this rapid development and this sometimes requires the criminalization of acts that can put the interests of individuals to risk if it does not cause about this action damage if it is damaged legally protected tangible interest, and criminalization danger behavior that predicts the occurrence of actual damage to the protected interest law at an earlier stage to verify that damage to be its purpose prevent damage to the protected social interest and cause huge loss of the individual’s life or his health or his money and that is impossible to address them or to prevent its expand after occurring damage.
Take into account the right to confidentiality of correspondence, but notes that most people are not all of them are very careful to conceal some of the things that relate to personal lives and which they consider such secrets both on the secrets of the individual or family to which he belongs it.
This has made the legislator is given the right of everyone to save these secrets through the legislated this right in the constitutions of most countries, the role of the legislator did not stop at this point but went to the partial legislation of criminal protection for the secrets of the private life of the individual and will be addressed in advance detailed. so the private lives of individuals protect become constitute blocker fence surrounds of secrets in their lives that is not seen by third parties except with the consent of the owners.
We all know that curiosity is one of the most bad negative instincts that appear on the surface of human foul and afflicting modern societies, particularly in the present days, which testify a scientific tremendous progress in the means of communication, correspondence and exchange of information and ideas, and now man cannot protect his own life and what they Secrets alone, relying on the human civilization and moral principles and religion, So it was necessary to enter the legislator in the laws to preserve this right being a worthy protection rights and will be seen in more detail through this research the importance of this right and its role in contemporary societies and its compatibility with the principles of justice, fairness and the public interest before It is really personally abstract to others.
The right to confidentiality of correspondence exists since natural upbringing of human life, and also the instinct in curiosity and snooping was and still found itself in the modern human mind, but the urgent need which has become today force us to take this protection of this right by interesting and studying and admonition because ancient times were based on primitive natural laws that control move messages and secrets and details of the private life through it and thus was a normal person can make the ordinary effort and warned to protect his private life from intrusion and human curiosity, but with evolution of life and progress, this need become increasing day after day till the normal person is not able to protect this privacy whatever he made the effort t and warned that keeps them because Observation Cameras, satellites and sophisticated communication devices and eavesDROP and remote telescopes closeup and computer programs and others, the whole is now threaten human secrets and simply demolishes any barrier wall can be built by the normal person under his effort to protect it.
The information today is great money value until we find sometimes that the media are interesting to buy some secrets of someone’s life, especially those that are very secret up to the point of scandal and defamation of reputation and wounding the owner of secret with severe damage which may not be treat because this damages not related to the physical presence, which can fit or replace but it related of moral and literary presence, which cannot treat and repair if the secrets that it is known reality.
The increase in the population of the reasons that threaten the secrets and made the violation of the right to confidentiality of correspondence more than the previous, density of population and the attendant increase in the number of buildings and the participation of large numbers of people in a one place to live, Taking into account the existence of high-rise buildings and adjacent, all of these factors have helped to provide the data and the means to violate the right to confidentiality of correspondence.
The crime and to increase their rates in the current era HAS a big role in disturbing the right to confidentiality of correspondence, security devices are using a variety of means and methods that can penetrate them this right in order to follow the crime and revealed circumstances and the arrest of the perpetrators, we put the means of communications and mail under observation and encourages to put observation Cameras in the shops and the role of residential and complexes service and may even placing them whenever necessary for it, and therefore all these works could be exploited by others, so inconsistent with the goal and is used as a means of intrusion and violation of the right to private life in general and the confidentiality of correspondence, in particular.
Political, economic and scientific conflicts and competition also have a big role pushing for violation of the right of confidentiality of correspondence through espionage work and observation operations on others who are competitors in these conflicts in order to aim of superiority and control the fields of work here and there.
The traditional treatments have the right to confidentiality of correspondence in the comparison of legislation and imposed by the old reality of time t era that is due to the history of the most punitive legislation of laws become unable to deal with this right, we cannot be deafening ears and close the eyes for a dramatic difference in the nature of contemporary life today from what it was at the time that laws set these laws and in particular that of non-indisputable orders where the correspondence inseparable relation and close and is not connected to secede from this great scientific development of the technological sciences and electronics as the correspondence is part of this sophisticated science that researchers want developed form almost superior to all other sciences, and Allah knows best.
Based on all these reasons it was necessary to modern legislative treatment of the right to confidentiality of correspondence as long as all comparative legislation agreed on the importance and the need to protect it from intrusion and innate curiosity of the human person and is treated extensively address and the serious draw a clear legislative help the executive and judiciary in the protection of this right and maintain on it, Taking into account that we do not accept this protection in the absolute, but the protection is required are those able to create kind of balance between individual freedom and the right to maintain his private life on the one hand and between the interests and security of society, Extra protection is affected society as a whole disaster and therefore should give the community the right to impose certain restrictions and some obligations on its members in own lives that the objective of these restrictions and obligations to protect the security of society and the stability.