القيمة القانونية للوسائل الإلكترونية في الأثبات الجنائي : الإنترنت و الهاتف الجوال

Abstract EN

The main purpose of the criminal investigation is to prove the guilt of the perpetrator or the innocence of the charge against him.

This purpose can not be reached unless it is based on evidence that would convince the judge to condemn the accused or his innocence.

Criminal proof is to establish evidence of the crime and its attribution to the perpetrator.

The aim is to uncover the truth in order to achieve justice.

Without this evidence, the crime can not be established and the State can not exercise its right to punishment.

The new scientific discoveries are primarily intended to facilitate the task of revealing the judicial truth, while at the same time damaging many individual rights and freedoms if they do not take into account all guarantees of good use under a procedural system based on respect for human rights and various guarantees.

That the methods or means revealed by the modern scientific development, which are used in the criminal evidence impossible to be limited to stand in all its forms, because of the developments of science and technology and the human mind offers every day of discoveries can be used to produce in that area.

The Internet and mobile phone are modern means of criminal proof, which is very important, although some legislations do not allow them to rely on them, but through this research we found that the court of the subject has the authority to adopt them as evidence that the conditions provided for.

The Iraqi judiciary and in a number of discriminatory decisions considered the evidence obtained from the Internet and mobile phone in accordance with the legal basis sufficient evidence to condemn or innocence of the accused