أثر أدلة الإثبات الجنائي الحديثة على الاقتناع الشخصي للقاضي الجزائي في التشريع الجزائري

Abstract EN

Proceeding from the basic principle of criminal proof, which is the freedom of forensic evidence by all available and legitimate means, and this principle has been endorsed by all comparative criminal legislation, which has not been distorted by the Algerian criminal legislation in accordance with the text of Article 212 of the Algerian Criminal Procedure Code.

And according to the rapid development that the knowledge arena has witnessed, which resulted in the emergence of several modern technologies, many of which were exploited in the field of criminal research and evidence, due to the lack of traditional methods and devices in detecting crimes and criminals, and these modern technologies multiplied according to the need for them, such as fingerprints of various kinds and hypnosis Lie detectors, digital evidence extracted from the analysis of individuals' digital devices and data.

But the development and acceleration in the technological field has not been accompanied by adaptation and revitalization in legal systems, and because of the mutual influence between the use of these technologies and between the prejudice to individual rights and freedoms, which made resorting to them at times under the cover of prevailing public interest over private interest within an implicit license, but more than That is the extent of the impact of these modern technologies on shaping the conviction of the criminal judge when building his judgments and judicial decisions, which studies and legal texts have not discussed.