دور السموم كدليل إثبات في الدعوى الجزائية ( دراسة مقارنة )

Rp-The role of toxins as evidence in the criminal case ( A comparative study).pdf

The spread of toxins is one of the most serious problems facing society, which threatens all its groups alike, and in all health and social aspects. Its effect on the body varies according to the type of poison used, whether it is chemical, vegetable, or even medicines, Which today has become a source of poison, as it is one of the criminal means used by the weak of souls in committing their crimes; Because of the ambiguity surrounding this type of crime and the accompanying difficulties in detecting it; This requires the investigation authorities to take more serious measures to detect the presence of toxins, It is represented by the assistance of those with scientific and medical expertise, or other sciences, such as forensic entomology, as one of the methods used in detecting toxins even after the burial of the victim’s body and the passage of a period of time. By revealing, , and the supervisory authorities or bodies for the detection of plant toxins and medicines may be part of the work of the investigative authorities to prepare evidence of evidence, leading to the essence of the criminal case, which is the penal ruling that entails one of the legal effects of tightening or mitigating the penalty, or even exempting from it.
Several results were shown to us through this study, the most important of which is that the Iraqi legislator did not put a specific definition of toxins in the body of the Iraqi Penal Code, only referring to the fact that the poisonous substance is a circumstance that requires severe punishment, And we also found that toxins are a rapidly evolving and regenerative substance that cannot be limited or identified within one standard, and in many cases their effect on the body is relative and temporary, so that the delay in its detection leads to its removal from the body, which requires taking quick measures to detect it, However, the practical reality has proven that the detection of toxins is limited to the forensic medical institute located in Baghdad. Therefore, this study recommended the necessity of establishing a forensic medical institute in each governorate; In order to preserve the evidence and ensure that it is not lost, and as a result of the above, the study has shed light on the seriousness of toxins, And the need for concerted efforts between administrative and legal authorities to limit their scope.