The role of modern scientific evidences in criminal proving in Iraqi law

Abstract

The study aimed to identify modern scientific evidences and determine their role in criminal proving in Iraqi law. The results of the study showed that the Iraqi Code of Criminal Procedure did not refer to these evidences explicitly. Practically, the courts in Iraq may take it as a judicial presumption and not as complete evidence in many cases. As a result of scientific progress, the study concluded that scientific evidences are characterized by impartiality and honesty and plays an important role in identifying the perpetrators and exposing their crimes, it has become necessary to find a legislative remedy to fill the deficiency in the Iraqi Code of Criminal Procedure, or legislating a law that specialized in electronic crimes, and expressly stipulating in it the using of modern scientific evidences for proving criminal, especially those that do not affect the rights of individuals.

Keywords

• scientific evidences
• freedom of the criminal judge
• criminal proving
• free proving