اثر المراقبة بالكاميرات الرقمية في الاثبات الجنائي دراسة مقارنة

the effect of digital camera surveillance on criminal evidence

This legal study deals with the topic of “the effect of surveillance with digital cameras on criminal evidence” as one of the important topics from a practical and practical point of view, as it is directly related to the lives of individuals and the sanctity of their private lives on the one hand, and with the rapid developments in these modern technologies that have spread widely in society on the other hand. These modern technologies of observation and photography confront every person working in the law, whether he is sitting on the court bench or defending a right holder, as it is an effective tool in achieving justice, and in revealing and assessing the truth.
There is no doubt that the penal proof has undergone wide developments thanks to the huge scientific breakthrough in its evidence and methods that were not known before, and these developments were based on accurate scientific foundations and were able to provide the criminal judge with evidence in some cases that is conclusive and decisive in the case, and from this standpoint this came The study deals with some modern scientific methods, especially since procedural laws did not include these methods in their texts and seemed to be limited to pursuing crimes and knowing their perpetrators in many cases, so we find that legislation is the result of the need for change and addition.
In order to understand the topic of the message, we divided it into three chapters preceded by an introduction. In the first chapter we dealt with what digital camera surveillance is, in terms of explaining its concept in terms of definition and its historical development, and indicating its types and legal nature, either the second chapter lost the provisions of surveillance in terms of its conditions, difficulties, and procedures Extracting evidence from it, and the third chapter is devoted to explaining the acceptability of surveillance evidence with digital cameras in criminal evidence,
Then I ended the letter with a conclusion that included the most important findings and proposals it reached. The study of the subject was an analytical study in the Iraqi Criminal Procedure Law No. 23 of 1971 as amended with comparison with some foreign and Arab procedural laws, with reference to some foreign and Arab judicial rulings.