دور العلوم التطبيقية في الاستدلال القضائي الجنائي (دراسة مقارنة)

The role of applied sciences in criminal judicial reasoning (A comparative study)

Abstract

Applied sciences were proposed as utilitarian sciences in the field of natural sciences, and they were used through application and laboratory experimentation as one of the means to which all other sciences could resort, including the humanities or social sciences. That is, the natural sciences are not inert sciences that focus on themselves, but rather overflow with benefit and interact with other sciences. ; Therefore, it is called applied science whenever its theories and principles are applied within the scope of practical experience.
The positive interaction of the natural sciences prompted the criminal law to enter into an objective relationship with it regarding some of the components of the general theory of criminal law, especially the theory of criminal proof with the aim of scientific inference on aspects of the physical and moral entity of crimes, as well as inference on some theories of criminal law that can be verified by Natural Sciences.
Indeed, we have found the objective space in which applied sciences can work within the scope of criminal law, whether it is forensic chemistry, forensic mathematics, or forensic physics.
We have also noted that the outputs of applied sciences have the strength and legal weight that are comparable to established legal evidence, and the court may rely on them when forming judicial conviction, provided that their wastage of judgments should be logically justified and refuted according to the principles of scientific evidence and not on mere moral evidence.
The study was divided into three chapters, which we preceded with an introduction. The first chapter focused on clarifying the relationship between applied sciences and the theory of forensic evidence, while the discussion in the second chapter revolved around the role of forensic chemistry in judicial reasoning over material effects, and the third chapter was devoted to defining the role of mathematics and physics in judicial reasoning. Criminal.
We concluded the contents of the discussion of the study with a set of results and proposals that were found in applied sciences, the feasibility of the role and positive impact on criminal law.
Keywords: applied sciences, natural sciences, forensic chemistry, forensic mathematics, forensic physics, forensic reasoning, forensic proof.