البصمة الوراثية ودورها في الاثبات الجنائي
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Date
2023-11-29
Authors
هاشم عمر بكر سويسه
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Abstract
Abstract
In my study, I addressed the subject of the genetic fingerprint and its role in criminal proof, a “descriptive and analytical study,” and it contained two chapters. The first chapter dealt with the nature of the genetic fingerprint as evidence for criminal proof and the place of the genetic fingerprint in the theory of criminal proof, and the second chapter dealt with the role of the genetic fingerprint in criminal proof. Criminal proof, controls on the use of genetic fingerprinting, features of the technical aspects in removing the genetic fingerprint, and the extent of the effect of the genetic fingerprint in forming the personal conviction of law enforcement agencies and the emotional conviction of the criminal judge and the public prosecution. Through my research, I have reached some results and recommendations, and the most important results that I have reached are that crimes Sexual crimes, are among the most common crimes in which the perpetrators can be detected by relying on genetic fingerprinting. This method has proven its effectiveness and strength in detecting the perpetrators of these crimes quickly and accurately, as this is due to the physical traces that the offender leaves at the crime scene that are sufficient to reveal his truth. And his identity. The second result is that the genetic fingerprint method cannot be used as evidence to conclusively prove or convict, as any small error in the result of the analysis of this fingerprint could lead to the emergence of adverse results that lead to the acquittal of the real perpetrator, or the conviction of an innocent person. Therefore, accuracy must be carefully investigated. It is important when dealing with this method, and only specialists are allowed to use it, and despite the role played by the forensic laboratory in the Palestinian police, and forensic medicine in the Ministry of Justice in genetic fingerprinting, because they constitute an integrated judicial leadership system capable of dealing with all transparency and credibility with all criminal cases and topics. No matter how different their merits and circumstances are, and help in preserving the crime scene on the one hand, and all the materials and tools found in it on the other hand, they need more tools and experience. Regarding the recommendations reached, it is necessary to expand the boundaries and scope of the existing work in the Palestinian criminal laboratory, so that it includes all crimes, at all levels, because it has an important role in detecting crimes, especially serious ones. I also recommended the necessity of organizing a special register to be approved by members of the police. The judicial process allows all information related to these fingerprints to be recorded, and so that it is preserved until the end of the investigation and the issuance of the final ruling, because the process of removing the fingerprints is part of the stage of gathering evidence conducted by the Public Prosecution, and so that fingerprints cannot be relied upon except during the process of collecting evidence until the end. To the final ruling, in addition to working to develop the tools, materials and methods used in the process of examining fingerprints and other fingerprints, and not relying on old traditional methods such as matching, and adopting more advanced methods such as laser-operated machines and modern electronic devices that have already been used in many countries and Arab countries.
Keywords: genetic fingerprinting; criminal proof; fingerprint examination; the role of fingerprinting; criminal laboratory; criminal justice.