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Mahmoud Sayed Ahmed Abdelkader Amer

Abstract

This study addresses the role of the most important modern scientific methods in the extraction of forensic evidence and criminal evidence. This is because from the moment a crime is committed, proof of the crime is the focus in the search for its perpetrator and the time required to arrest the perpetrator or prove the crime and punish him.  

The study discussed the role of these methods in increasing reassurance and a sense of security in society and achieving justice. Moreover, it stressed the importance of justice departments’ use of any modern technology that may contribute to this process. It also reviewed the criminal evidence system, relevant concepts, ways to develop it, as well as the role of scientific evidence and modern technologies in criminal evidence.

It has become clear that along with the development of crime and its types, it is now imperative to develop forensic sciences to uncover the facts of various cases. Furthermore, it has also become clear that the use of scientific methods is caught between two issues: the first is the extent to which they infringe upon the rights and fundamental freedoms of the accused, and the second is the definitive conclusions that infringe upon these rights and freedoms. These rights and fundamental freedoms must not be sacrificed, except to the extent to which the conclusions of these methods are definitive and decisive as proof. It is also now clear that evidence resulting from the use of modern scientific methods is subject to the principle of the personal conviction of the judge, like other evidence, regardless of its scientific value, as it must be based on legitimate legal evidence. Consequently, the study recommends using the methods by which material evidence is obtained in the field of criminal investigation, given their definitive conclusions from a scientific point of view.
It also recommends that to reveal the truth and to serve justice, the balance should be tipped in favour of using these methods when that constitutes an infringement upon human rights and fundamental freedoms - unless the aim of using these methods is to forcefully extract evidence from the accused or expose him to physical or psychological pressures.

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Original Article
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