الصورة الرقمية المتحركة و حجيتها في إثبات الجريمة التقليدية : دراسة مقارنة

Abstract EN

Animated Digital Photo is one of the presented modern criminal prosecution evidence in the hands of the judiciary, because of the digital nature embodied in pulses or magnetic and electric fields been analyzed using special electronic software, which are characterized by different features from other digital evidences.

This is despite the fact that the aim of Animated Digital Photo is to present the truth about the crime committed by returning all incident details before the judge, but that it is not without the presence of some obstacles to this truth which embodied the possibility of manipulating the content of the animated digital photos through the input, modification or erasing making them non-conclusive evidence.

Due to these obstacles; the judge, in order to find out the truth has to be assisted by the expertise of a technical specialist expert in the field of the digital electronics, to manifest in his report the accuracy of this evidence whether it is free from manipulation or not, note that this issue at the end, is something goes back to the authority and the judge assessments, and this is what we found out from the attitude of the Iraqi judiciary, which came in two directions The First Trend: which represents the majority whom they are not satisfied with Animated Digital Photo as the only evidence in the lawsuit, but asked in addition, there must be other evidence because of the possibility of manipulation of the Animated Digital Photo.

The Second Trend: satisfied with the Animated Digital Photos as the only evidence to prove the lawsuit when they meet the conditions of acceptance of the evidence, as well as any manipulation knowable through the use of the expertise of a technical specialist expert in the field of the digital electronics