حجية الوسائل العلمية الحديثة في الإثبات الجنائي

Abstract

In the face of the amazing scientific and technological development that humanity is experiencing in this difficult period, which has produced modern scientific means that have invaded the private lives of individuals and violated privacy, so no one is safe from them; this has been exploited by some professional criminals in developing their criminal methods, which has led to the spread of crimes and the impunity of criminals, so this study aimed to find out what modern scientific means are and their importance in criminal evidence, and the extent of the legitimacy of the legitimacy of such means. Therefore, this study aimed to find out what are the modern scientific means and their importance in criminal evidence, the extent of the legitimacy and authority of working with them, and what are the controls and guarantees necessary to work according to them in criminal evidence, and the extent of the legitimacy and authority of working with them.

This was done through research in many legal references that showed a divergence in the views of legal scholars between opposing these methods because they affect the rights and freedoms of individuals; and supporting them because they have become an effective means of curbing modern scientific methods of criminality, even at the expense of the rights and freedoms of individuals, since the security of society and the control of professional criminals is a public interest that takes precedence over the private interest of some of those against whom these methods are used - as long as this is feasible and necessary to uncover the truth and under judicial supervision - to achieve the security and stability of society. The researcher reached a number of findings and recommendations: The most important findings were:

The most important recommendations for the Yemeni legislator were the need to update the Code of Criminal Procedure No. 13 of 1994 to define modern scientific means of evidence and to establish the necessary controls and safeguards for their use, as well as the inclusion of electronic surveillance cameras among the means of criminal evidence in Article 323 of the Code of Criminal Procedure, and the amendment of some penal articles.