The Rights and Guarantees of the Accused when Faced with Forensic Evidence

Ahmed M. A. Mansour

Abstract


The main aim of this study is to clarify the rights and guarantees of the accused when faced with forensic evidence. The legal authority has provided a number of guarantees to the accused or the subject that must be provided so that he can have free will when faced by forensic evidence. This is especially the case in stages of gathering evidence. One of these rights is making him fully aware of the accusation, his right to remain silent, the right to seek assistance from a lawyer, and the right to be considered innocent until proven guilty. This study concludes that actions involving violation of these rights and freedoms may be taken only in the narrowest possible circumstances and for the purposes of necessity. In addition, these actions may only be taken within a legal framework through procedures that do not result in oppression or coercion or violation of those rights and freedoms. Exercising these rights and having freedoms is not absolute; it is relative: a person is subject to restrictions imposed by law in the interests of others in an attempt to achieve a balance between these rights and personal freedoms on the one hand and the public interest on the other. Such rights must not be restricted except to actualize public interest or establish justice, because a person is innocent until proven guilty in a fair legal trial. Justice is harmed by criminals walking free, but it is also harmed by the violation of the freedoms of an individual and their rights. This is avoided by guaranteeing that these rights and freedoms are not violated.


Keywords


Forensic Sciences, Forensic Evidence, Right, Violation, Criminal

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DOI: http://dx.doi.org/10.26735/16586794.2018.017

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