THE AUTHORITY OF EXPERTISE IN CRIMINAL LAW

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ABDELKADER ZOUGGAR

Abstract

Throughout human history, crime has never hesitated to take advantage of advancements, benefiting from all the discoveries of science that the human mind has developed. This has made it constantly capable of confronting various methods of combating it. Criminals themselves are never reluctant to use scientific means that enable them to perform better in their criminal endeavors, whether by innovating new types of crimes or merely ensuring more advanced ways to commit traditional crimes and conceal the evidence resulting from them. Therefore, it has become essential to utilize scientific and technical methods revealed by modern science in proving crimes and attributing them to their perpetrators, including expertise, which is considered scientific proof that the judge relies on to substantiate his conviction in the verdict. This conviction is the decisive stage that determines the final outcome of a criminal case, distinguishing between guilt and innocence, either by achieving certainty for the judge to rule a conviction or by tipping the balance of doubt to rule acquittal.

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References

General References:

Professor Dr. Hassan Bouskiaa - Judicial Investigation - Houma Publishing House - Algeria, 2006.

Dr. Tahari Hussein - Guide for Judiciary Assistants and Free Professions - Houma Publishing House - Algeria, 2002.

Dr. Ahmed Al-Shafie - Nullity in Criminal Procedure Law - Houma Publishing House - Algeria, 2005.

Dr. Al-Arabi Shahat Abdel Qader and Nabil Saqr - Evidence in Criminal Matters - Al-Huda Publishing House - Algeria, 2006.

Dr. Mahmoud Tawfiq Iskandar - Judicial Expertise - Houma Publishing House - Algeria, 2006.

Dr. Gendy Abdel Malik - Criminal Encyclopedia - Volume 1 - The Knowledge for All Library - Lebanon, 2005.

Dr. Abdelhamid Al-Shawarbi - Criminal Evidence in Light of Judiciary and Jurisprudence - Egypt, 1996.

Dr. Madiha Fouad Al-Khodari and Criminal Investigations Inspector Ahmed Abu Al-Rous - Forensic Medicine and Criminal Investigation - University Publications House - Egypt, 1991.

Dr. Kamal Dosouqi - Mental and Psychological Medicine - Arab Renaissance Publishing House - Lebanon.

Counselor Saeed Ahmed Shaala - Court of Cassation on the Appointment of Experts - Al-Maaref Establishment, Alexandria, Egypt, 1998.

Legal Legislations:

Professor Dr. Hassan Bouskiaa - Criminal Procedure Law - Berti Publications - Algeria, 2007/2008 Edition.

Executive Decree No. 95/310 concerning the Conditions and Procedures for Registration in the Lists of Judicial Experts.

Lectures

Dr. Marah Fatiha - Lectures in Forensic Medicine - Higher School of Judiciary - 2005/2006.

"The Scientific Police Laboratory: High Expertise and Advanced Technology" - Police Magazine - Algeria - Special Report, July 2005.

Endnotes:

Dr. Mahmoud Tawfiq Iskandar - Judicial Expertise - 2006 - p. 223

Al-Arabi Al-Shahat Abdel Qader - Evidence in Criminal Matters - 2006 - p. 145

Hassan Bouskiaa - Judicial Investigation - 2006 - p. 117

Abdelhamid Al-Shawarbi - Criminal Evidence in Light of Judiciary and Jurisprudence - 1996 - p. 212