القيمة القانونية للوسائل الألكترونية في الأثبات الجنائي ( الانترنت والهاتف الجوال )

Volume 11, Issue 1
Spring 2020
Pages 261-279

Authors

AL-Qadisiya Journal

Abstract
The main purpose of the criminal investigation is to prove the
guilt of the perpetrator or the innocence of the charge against him. This
purpose can not be reached unless it is based on evidence that would
convince the judge to condemn the accused or his innocence.
Criminal proof is to establish evidence of the crime and its
attribution to the perpetrator. The aim is to uncover the truth in order to
achieve justice. Without this evidence, the crime can not be established
and the State can not exercise its right to punishment.
The new scientific discoveries are primarily intended to facilitate
the task of revealing the judicial truth, while at the same time damaging
many individual rights and freedoms if they do not take into account all
guarantees of good use under a procedural system based on respect for
human rights and various guarantees.
That the methods or means revealed by the modern scientific
development, which are used in the criminal evidence impossible to be
limited to stand in all its forms, because of the developments of science

and technology and the human mind offers every day of discoveries
can be used to produce in that area.
The Internet and mobile phone are modern means of criminal
proof, which is very important, although some legislations do not allow
them to rely on them, but through this research we found that the court
of the subject has the authority to adopt them as evidence that the
conditions provided for.
The Iraqi judiciary and in a number of discriminatory decisions
considered the evidence obtained from the Internet and mobile phone
in accordance with the legal basis sufficient evidence to condemn or
innocence of the accused.
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  • Receive Date 27 August 2023