دور الــمضاهـــاة فــــي الإثـــبـــات الجـــزائــــي (دراسة مقارنة )

Rp-The Role of Emulation in Criminal Proof "A Comparative Study".pdf

Abstract
Matching is one of the most important technical means that the judge uses to prove the commission of the crime and reveal its circumstances, because there are many issues that are presented before the judge of a purely technical nature that the judge cannot solve based on his personal and legal experience without the help of people of experience and competence, as the perpetrator in many crimes He leaves behind some personal effects that indicate his commission of the crime, such as traces of blood, fingerprints, semen, saliva, etc., or traces of the weapon used in the crime, such as fire projectiles and empty envelopes. It is not possible to benefit from these traces in proving the commission of the crime and identifying the identity of the real perpetrator without the assistance of matching experts.
Assigning matching experts and estimating the matching authority in criminal evidence is subject to the discretionary authority of the court. Oversight by the Federal Court of Cassation.
The matching experience may be invalid due to the violation of the legal procedures imposed by the legislator, and this invalidity does not lead to the invalidity of the previous and subsequent procedures for the matching experience unless they are related to it, and the invalidity of the matching experience does not lead to the invalidity of the judgment unless it was issued based on the matching experience that was invalidated .
And that the legislator has imposed several obligations that the matching expert must abide by when conducting the matching process. If the expert violates them, he exposes himself to legal accountability.
Key words: role, emulation, authority, penal proof, nullity