Abstract:

The formation of the personal conviction of the criminal court judge on which the judicial judgment is based has become closely linked to the results of modern scientific evidence. Among the most important of these is DNA profiling, which has been used in many areas of life, especially in the field of criminal evidence. This paper addresses DNA profiling in terms of the extent to which it is considered a scientific evidence that forms the conviction of the criminal court judge in building his judgements and how the Algerian legislator has dealt with this issue. This is done by explaining the concept of DNA profiling, its importance and advantages, and by studying the evidentiary value and the persuasive power of DNA profiling to convince the criminal court judge. The paper also looks into the extent of its legality in the Algerian legislation, which addressed it in the Penal Code and the Code of Criminal Procedure, and Law No. 16-03 of June 19, 2016, relating to the use of DNA in judicial procedures and the identification of persons. This requires a more accurate and detailed explanation and sufficient clarification. DNA profiling surpasses much of the scientific evidence, given its advantages. Despite the fact that DNA sampling is considered to be an infringement of personal rights and freedoms, most sets of legislation have called for the adoption of it, similar to the Algerian legislator, which did not explicitly provide a legal text for this technology until recently through Law 16-03. Nor should it be used as the only conclusive evidence of the perpetration of a crime, because it is subject to environmental and human influences and because of the fact that the Algerian legislation has not made DNA profiling technology an exceptional scientific evidence with a special advantage over other remaining evidence. This is also because the Algerian legislation has left the matter of its assessment up to the extent of the criminal court judge’s conviction regarding this, whilst taking into account other evidence and the conditions and circumstances of the crime.

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