مدى حجية البصمة الوراثية في الإثبات الجنائي : دراسة مقارنة في القوانين الأردنية و العراقية

الملخص EN

The principle of freedom of proof permits a judge to formulate his own conviction based on any evidence he deems appropriate to establish the truth.

Does that principle apply to DNA evidence? It is this question that we seek to answer in this study.

We conclude that existing legislation does not explicitly provide that a judge is bound to uphold DNA evidence in criminal cases.

The courts treat DNA evidence as one means of proof that does not necessarily outweigh other evidence; thus, a judge may uphold or disregard it.

Legal commentators diverge on the matter as some of them support upholding the DNA evidence, while others oppose it.

We recommend that legislatures introduce an explicit provision to uphold the DNA evidence in light of the advanced technology in this area.