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Bakhouya Driss

Abstract

The use of modern technology has led to a scientific revolution in the field of establishing guilt. Consequently, this has given rise to a great debate about its legitimacy among criminal law scholars, especially as its use may result in the violation of individual rights and human dignity. This raises the question about the impact of using modern technology in the process of establishing guilt on human rights. Therefore, this study aims to evaluate the procedures of establishing guilt using modern technology methods adopted by the Algerian legislator, and to what extent individual’s rights and liberties are respected during those procedures. This study compares between rules of establishing guilt using modern technology in Algerian legislation and other legislation. This aims to offer some recommendations that help legislators keep pace with scientific and technical advancements. It also suggests ways to achieve a balance between using modern technology and respecting legal guarantees that prevent the infringement of individual rights and liberties. Results of the study show the significant negative impact of some modern evidences used to establish guilt. This is shown in the violation of the rights and liberties of individuals, in addition to inaccurate results obtained by using such evidences. This study recommends that the Algerian legislator clarify their position regarding modern means of establishing guilt, which must be unambiguously regulated and surrounded by adequate guarantees that protect the rights and liberties of individuals.

Keywords: Establishing guilt, DNA, hypnosis, lie detection, electronic surveillance, human rights.

 

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Section
Original Article