حجية التقارير الصادرة عن المختبر الجنائي في التشريع الجزائي الفلسطيني
Date
2020-12-26
Authors
وصال محمد شتيوي عمرين
wisal mohammad shtawi amaren
Journal Title
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Volume Title
Publisher
Al-Quds University
جامعة القدس
جامعة القدس
Abstract
The methods used in committing crimes have evolved due to the development and modernity of societies, and on the other hand the methods of uncovering these crimes have evolved, including the assignment of forensic experts. The Palestinian legislator has kept pace with these developments by stipulating the permissibility of assigning experts to assist in the investigation of crimes, and obtaining the appropriate judgment. Despite the evidentiary power of these reports in uncovering crimes, Palestine still lacks a clear legal organization regarding its authority in criminal evidence, in terms of its position among the evidence in light of the discretionary authority of the criminal judge.
Accordingly, this study aimed to shed light on the authenticity of the reports issued by the forensic laboratory in the Palestinian Criminal Procedures Law, by trying to identify the importance of the Palestinian forensic laboratory and the divisions emanating from it, and its legal framework, as well as identifying the authenticity of criminal reports in the evidence collection stage and stage Investigation.
To achieve the goal of the study, the researcher used the descriptive, analytical and comparative approach, so that this study was divided into two chapters: The first chapter talks about what criminal reports are through two sections, the first section talks about the practical source of the forensic report and the concept of the forensic laboratory in Palestine. As for the second topic, the researcher reviewed criminal reports as recent forensic evidence, and stood by experts of forensic evidence and the scientific and legal foundations in their selection. As for the second chapter of this study, it talks about the legal implications of the use of criminal reports in evidence in two sections, the first
section deals with the limits of authenticity of these reports in the pre-trial stage (the stage of inference and investigation), and aspects of monitoring the expert's work. Whereas the second topic deals with the limits of the authenticity of criminal reports at the trial stage by explaining the different jurisprudential opinions on this topic, and the role of the criminal judge in taking into account the reports issued by criminal laboratories.
At the conclusion of this study, the researcher reached a set of results, the most important of which are: The legal value of criminal reports issued during the inferences stage does not become more than a reference to which the forensic expert can resort in the later stages of the criminal case, in addition to the subjection of the reports issued by the criminal laboratories to the principle of the freedom of the judge in Evidence, which means that the evidentiary power of these reports is equal to the rest of the forensic evidence, such as testimony and confession, evidence, and others, all of which are subject to the judge’s discretion and according to his conviction. In addition, the expert’s findings in his criminal reports do not have any legal argument binding the judge in settling the conflict, and the Palestinian legislator has not granted any clear oversight role to the parties in the expert process, as is the case in the judge’s oversight, so that there are no legal rules that specify The accuracy of the progress of the news business and the role given to the parties in censoring it.
Based on the results of the study, the researcher presented a set of recommendations, the most important of which are: The Palestinian legislator adopts a new law that clearly regulates criminal laboratories. The researcher also looks forward to the Palestinian legislator to talk about the medical or forensic report issued by the forensic laboratory by stating its definition, its contents, and the most important conditions that must be met in it. In addition, the Palestinian legislator in the Code of Criminal Procedures must specify what duties the expert is responsible for in the text of an independent article, with the necessity to grant the criminal judge an area of judicial oversight over the work of the expert, whether before starting, during their execution or after their completion.
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Citation
عمرين، وصال محمد. (2020). حجية التقارير الصادرة عن المختبر الجنائي في التشريع الجزائي الفلسطيني
[رسالة ماجستير منشورة، جامعة القدس، فلسطين]. المستودع الرقمي لجامعة القدس. https://arab-
scholars.com/933b36