الرافدین للحقوق (Dec 2012)
The role of modern imaging devices in the Criminal Evidence
Abstract
Proof is considered as one of the most important criminal law subjects and it is regarded as the most applicable one in practical life. It is a procedure work which aims to present the evidence before the specialized authorities in a tangible fact in order to prove accusation against the suspect or clear his side by means of using legislation means. There are three kinds of proof systems: the restricted, the ultimate and the mixed systems. The judge authority in accepting the evidence is influenced by the kind of proof system. Since the purpose of proof is to reach fact, the way to fulfill that is then using means that can suit the type of the crime. The means of proof is everything that is used to prove the fact. The use of the modern technical means has lead to a scientific revolution in the criminal proof field. There has been fear in the fact that using these means may lead to avoid the personal rights. These means are considered legitimate since they do not oppose any lawful principle, which demands rejecting them provided that conditions should be kept. The judge authority is restricted in estimating the scientific value of evidence in monitoring the legality of the procedure and does not extend to estimating the scientific value of evidence because these evidences are scientific consistent facts
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