حجية الخبرة الطبية الشرعية أمام القاضي الجنائي.

Abstract

The process of forensic evidence investigation has become very complicated due to the development of crime methods and criminals’ mastery of new mechanisms ,that help them commit crime successfully. Although modern scientific and technological tools have positively affected the forensic evidence investigation process, it is regarded as a double-edged sword as it provides dangerous criminal switch remarkably sophisticated technological means to complete their crimes, as well as to cover up their heinous actions. Hence, it seemed necessary for the judiciary to be in line with these developments by establishing a criminal policy based on nowadays scientific and technological progress, namely in the field of forensic medicine. Forensic medical expertise occupies an important place in the domain of criminal evidence, as it complements the judiciary work in the cases that are subject to the judgment of forensic medicine. If the case is related to technical matters, then forensic medicine is considered as an aid to the judiciary and the investigation authorities in proving the charges against the criminal by providing the précis crime characterization based on the obtained results from the expertise. These judicial practices have also proven their usefulness in crime detection, and turned out to be reliable means of evidence in court and prevent the criminal judge from using the mental process to reach forensic evidence. Consequently, medical expertise has come to control the course of the public prosecution, either by movement, preservation or by lack of follow-up, and it has sought to search for the scientific truth in precise ways to enable the judge to proceed in the public case and pronounce the sentence. Nevertheless and despite its extreme importance, the legislation did not favorite forensic medical expertise from other classical evidences, and it is still subject to the principle of the personal conviction of the criminal judge even if it is supported by legitimate proofs. From this standpoint and on the basis of the effective role of the forensic medical expertise in the field of criminal proof ; it must have a real position that makes it to the forefront of the other proof. Evidence due to the conclusive scientific finding of expert opinion.