Impact of Criminal Evidence Using Modern Technology on Human Rights

Abstract

The use of modern technology has led to a scientific revolution in the field of criminal evidence, which resulted in a great debate among criminal law jurists about the legality of using them, especially in light of the violation of individual rights and human dignity that their use may entail which raises the question about the impact of the proof process. Therefore, this study aims to evaluate the procedures of criminal evidence using modern technology, as adopted by the Iraqi legislator, and the extent to which they take into account the rights and freedoms of individuals, through a comparative approach, through which the provisions of evidence were compared by the means of modern technology for some Comparative legislation with what was mentioned by the Iraqi legislator. Rulings in order to provide recommendations to help him keep up with his findings, Technical and scientific development from recent evidence in criminal evidence, and an indication of ways to achieve a balance between its use and respect for legal guarantees that prevent infringement of the freedom and rights of individuals. This study reached a statement of the significant negative impact of the use of modern criminal evidence in violating the rights and freedoms of individuals. Not to mention the inaccuracy of the results reached as a result of the use of this evidence, and therefore this study recommends that the Iraqi legislator determine his position on modern means of criminal evidence that he did not organize their provisions in a manner that is not. Some an ambiguous and provide guarantees to protect the rights and freedoms of individuals in what has been regulated.