حجية الدليل العلمي في الاثبات الجنائي : دراسة مقارنة

Abstract EN

This study tackles the authenticity of scientific proof given that most of the existing penal legislations do not include all types of modern crimes.

we deem it crucial to shed light on the scientific proof which is extracted from modern technologies, and probe its role in criminal evidence in contrast to evidence in traditional crimes.

these two types differ both in terms of tools of evidence and those concerned with collection of evidence, and as the current criminal justice bodies are not qualified enough to assume this role, this constitutes a loophole for criminals.

collection and verification of the authenticity of scientific proof entail many difficulties as this type of evidence is new and unfamiliar to the legal mentality.

study handles the issue in two chapters: in the first one, the concept, legality, evidence rules were set forth, and in the second, the role of judiciary in the assessment of evidence was explained.

study summed up with a number of recommendations, major among them are: the importance of developing a regulatory legislation on scientific proof; due consideration to scientific proof shall be shown by judges; abidance of courts by such proof and that the rebuttal of a scientific proof shall be by means of another scientific proof that contradicts.

study also urges that a binding article be introduced to Egyptian penal procedures law requiring the judge to consider scientific proof and not exercise discretion in acceptance or rejection of such proof.