Abstract
It is not possible to deny the effects of scientific and technological developments on the penal law, in particular when it comes to the criminal proof theory. The principle of freedom of proof, which is the essential foundation of this theory, allows the use of broad scientific evidence in the penal proof. However, such use also represents a significant challenge when the result of the prejudice of some procedural principles guarantees a fair trial. The balance between the interests of society in the fight against crime and the interests of the individual to have the fundamental rights to be protected is the essence of the dilemma addressed by this study. On the one hand, this study deals with the application of the principle of freedom of proof in a specific range of scientific evidence. On the other hand, it deals with restrictions in the application of this principle when it involves evidence of the waste of a human right, as it is not possible to exclude this directory automatically and absolutely under the pretext of safeguarding human rights since such an exclusion would lead to wasting society's interest in the fight against crimes, especially serious ones, that is, when a comprehensive threat threatens the interests of society as a whole
Recommended Citation
Mushaasha, Mutaasim Khamis
(2013)
"Proof of Crime: Scientific Evidence,"
UAEU Law Journal: Vol. 2013:
No.
56, Article 1.
Available at:
https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2013/iss56/1