البصمات وحجيتها بالإثبات ما بين القضاء المدني والجزائي

الملخص EN

The aim of the research is to identify the nature and types of fingerprints and the characteristics that these fingerprints have that help the justice system to identify and be able to obtain and deal with these fingerprints.

The research also aimed at the importance of these means of proof in terms of the legality of resorting to fingerprints and their important role in the field of proving and denying parentage, as it occupied a leading position in matters of civil proof.

The research used the analytical method by standing on the legal rules governing evidence, in addition to the opinions of legislators and the experiences of the judiciary and what they wrote on the subject of the fingerprint in order to arrive at determining the extent of its legal authority as a means of proof.

The study reached the most important results: the genetic fingerprint has become as a sophisticated discovery and a qualitative leap in the field of civil proof, a complement to justice that cannot be dispensed with as a very important means of proof, and that fingerprints almost definitively indicate the identity and qualities of a person, and it is a method that is almost unerring from a scientific point of view.

The proof is based on a scientific fact to the effect that each person has his own biological and biometric uniqueness that gives him stable qualities and characteristics that do not change throughout his life and even after his death.

Jordanian legislation also adopted the system of olute free evidence in penal matters.

The Algerian judge was granted wide authority in proof, unlike proof in Civil issues that the legislator restricted, and the Jordanian legislator did not specify the foundations on which the presumptions are based, whether legal or judicial, nor did he clarify their pillars.