استراق در لغت به معنی دزدیدن ،پنهانی به سخن کسی گوش دادن است .با توجه به اینکه حریم خصوصی یا حریم خلوت افراد دارای حرمت ومحدودیت برای دیگران است، شنود و تجسس غیر مجاز در مکالمات و ارتباطهای تلفنی ،مخابراتی و اینترنتی اشخاص در قانون کشورمان جرم انگاری شده و اصل 22و25 قانون اساسی موید این مطلب است. لازم به ذکر است حرمت و موقعیت خصوصی افراد و شهروندان موجب توجه خاص قانونگذار به این مطلب حائز اهمیت گشته و در حقوق جزای کشورمان مطابق ماده 582 قانون تعزیرات که گوش دادن به مکالمات خصوصی افراد یا کنترل آن را جرم تلقی و مرتکب به حبس یا جزای محکوم می گردد.همین طور به استناد قانون جرایم رایانه ای ، در صورت دسترسی غیر مجاز به داده های دیگران یا شنود غیر مجاز آنها شخص به حبس وجزای نقدی، یا هر محکوم میگردد .
حال این سوال مطرح می شود که آیا میتوان به محتوای حاصل از شنود استناد کرد؟
با پیشرفت تکنولوژی و نرم افزاری اخیروشبیه سازی صوت و تصویر ، استناد به مکالمات یا صدا و تصویر نمی تواند ارزش قضایی داشته وفقط موارد استنادی در حد اماره قضایی قابل توجه است .
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