THE LEGITIMACY OF USING GENETIC FINGERPRINTING IN CRIMINAL EVIDENCE -A COMPARATIVE STUDY-
Main Article Content
Abstract
Since truth is an eternal quest of mankind, its understanding in the criminal domain is the primary condition for criminal justice and a necessity for achieving social security and stability. Uncovering the judicial truth is the purpose and goal of criminal proceedings. The principle of freedom of evidence is one of the fundamental pillars of this theory, which opens the door to the extensive use of scientific evidence in criminal evidence. Given the inadequacy of traditional means, both legal and technical, in criminal evidence, modern scientific evidence has emerged, including what is commonly referred to as genetic fingerprinting. Scientifically, this method is currently infallible in identifying individuals due to its unique characteristics. Western countries have different views on the legitimacy of this evidence, and have created databases specifically for the genetic fingerprints of certain criminals, and have allowed the storage of these fingerprint results. In contrast, some Arab countries have given it a prominent practical place, while others consider it unsuitable as an independent means of evidence and permit its use only under specific conditions and legal guidelines.
Article Details
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
References
Hossam Al-Ahmad— “Genetic Fingerprinting — Its Admissibility in Criminal Evidence and Parentage” — Al-Halabi Legal Publications — Beirut — First Edition — 2010.
-Ashraf Tawfiq Shams Al-Din — “Genetic Genes and Criminal Protection of the Right to Privacy” — Dar Al-Nahda Al-Arabiya — No Edition — Year 2006.
Mohammed Lotfi Abdel Fattah — “Criminal Law and the Uses of Modern Technology — A Comparative Study” — Dar Al-Fikr Wal-Qanun — First Edition — Year 2010.
Fawaz Saleh — “The Admissibility of Genetic Fingerprints in Criminal Cases — A Comparative Study” — Damascus University Journal for Economic and Legal Sciences, Volume 23, Issue 1, Year 2007.
Saad Al-Din Mas’ad Helali— “Genetic Fingerprinting and Its Legal Relations — A Comparative Study” — Scientific Publishing Council — Kuwait 2001.
Abdullah Abdel Ghani Ghanem — “The Role of Genetic Fingerprinting in Combating Crime” — Research presented at the Conference on Genetic Engineering between Sharia and Law — United Arab Emirates University. Volume Two. May 2002.
Mohammed Mahmoud Al-Shanawy— “Genetic Fingerprinting Technology in Crime Detection” — Master’s Thesis — Faculty of Law — Cairo University — 2009.
Sami Hassan Al-Husseini — “The General Theory of Search in Comparative Egyptian Law” — Doctoral Thesis — Faculty of Law — Ain Shams University 1970.
Ahmed Mohammed Abu Al-Qasim— “Physical Evidence and Its Role in Proof in Islamic Jurisprudence” — Doctoral Thesis — Faculty of Law — Zagazig University — Year 1990.
Ramzi Riyad Awad— “Legitimacy of Criminal Evidence in the Trial Stage and Before It — An Analytical, Foundational Comparative Study” — Arab Thought House — Year 2000.
Mamon Salama— “Criminal Procedures in Egyptian Legislation” — Dar Al-Nahda Al-Arabiya — Part Two.
Seminar on Genetics, Genetic Engineering, Human Genome, and Gene Therapy** — Kuwait — Sponsored by the Islamic Organization for Medical Sciences held from October 13-15, 1988 — Part Two, Year 2000.
Fouad Abdel Moneim— “Genetic Fingerprinting and Its Role in Criminal Evidence between Sharia and Law” — Egyptian Library for Printing and Publishing — 2004.
Dr. Ibrahim Sadiq Al-Jundi — “Forensic Medicine in Criminal Investigations” — Research and Studies Center at Naif Arab University for Security Sciences — Riyadh 2000.
Bzou Fatima — “Scientific Police and Their Role in Proving Crime” — Final Study Memo for Obtaining a Degree from the Higher School for Judges — Batch 16 — 2007-2008.
Ahmed Youssef Al-Sayoola — “Genetic Fingerprinting and Its Admissibility in Criminal Evidence” — Police Academy — Issue Eighteen — January 2008.
Abu Al-Wafa Mohammed Abu Al-Wafa— “The Extent of the Admissibility of Genetic Fingerprinting” — Research presented at the Conference on Genetic Engineering between Sharia and Law in the United Arab Emirates — From May 5-7, 2002 — Published in the Journal of Sharia and Law, Year 2002.
Ahmed Habib Al-Samak— “The System of Proof in Islamic Sharia and Positive Law” — Journal of Law — Scientific Publishing Council in Kuwait — Eleventh Year — Issue Two — June 1997.
Badr Khaled Al-Khalifa— “The Legal and Technical Regulation of Genetic Fingerprinting” — Journal of Kuwait International Law College — Kuwait University, Issue 2, 2019.
-Dhaif Allah Bin Ghazi Nasser Al-Odaiyani — “The Admissibility of Genetic Fingerprinting in Criminal Evidence” — Journal of Islamic Studies and Academic Research — Cairo University, Issue 72, Year 2016.
Ali Abdul Sharad — “Lectures at the College of Education for Pure Sciences” — Lecture Five — Biotechnology — University of Anbar, Iraq.
Mohammed Al-Saeed Zanati— “Genetic Fingerprinting and Its Role in the Personal Conviction of the Criminal Judge in Algerian Law” — Doctoral Thesis, L.M.D., University of Batna, Algeria. DSPACE.
N-J Mazen — “Tests and Genetic Fingerprints: From Legal Ambiguity to Scientific Authority” — Special Issue, LPA, 14.12.1994.
Ten Years of Genetic Fingerprints under the direction of Christian Doutremepuich, La Documentation Française, Paris 2001 — “Genetic Fingerprints,” Review Sciences et Avenir, No. 643, September 2000.
A. Giudicelli— “On the Purpose of Sampling and Analysis Regarding Genetic Fingerprints” — RSC 2001.
Paul Gauchan and Petre D. Martin — “DNA Databases in Great Britain,” in “Genetic Fingerprints in Judicial Practice,” under the direction of Christine Doutremepuich, La Documentation Française, Paris, 1998, p. 137.
M. Christian CABAL — “The Scientific Value of Using Genetic Fingerprints in the Judicial Field,” Report presented to the Senate No. 364 and the National Assembly No. 3121 on June 7, 2001.
-Manon LAPOINTE— “Identification by Genetic Analysis in the Canadian Criminal Proof System: Seeking the Difficult Balance between Truth and the Fundamental Rights of the Accused” in “Genetic Analysis for Evidence Purposes and Human Rights,” under the direction of Christine Hennau-Hublet and Bartha Maria Knoppers, Bruylant, Brussels, 1997.