الدليل البيولوجي وحجيته أمام القاضي الجزائي

Abstract

This thesis examines the biological evidence and its probative value before the criminal judge in Algerian legislation, a modern and scarce legal topic at the intersection of criminal sciences with biological and medical sciences. The study aims to highlight the growing significance of biological evidence in the modern criminal justice system and its role in achieving a balance between protecting society from crime and safeguarding human rights. The thesis comprises two main chapters: Chapter One addresses the conceptual framework of biological evidence through its linguistic, jurisprudential, and legislative definitions, as well as its historical evolution from fingerprinting to DNA profiling, brain fingerprinting, voice printing, and lip prints. It also examines the classifications of biological evidence into: (a) evidence derived from laboratory analysis of human secretions and excretions (DNA, bloodstains, saliva, semen, urine, sweat, vomit, hair); and (b) evidence derived from technical comparison (fingerprints, palm and foot prints, ear, lip, voice, teeth, and brain prints). The chapter concludes with an analysis of the procedures for obtaining biological evidence and the competent authorities (scientific and judicial police, forensic medicine). Chapter Two studies the criminal judge's discretionary power in evaluating biological evidence, analyzing constitutional principles (judicial independence and impartiality), and the foundations of evaluation (discretionary authority, the principle of personal conviction). It also examines the legal dimensions of the probative value of biological evidence, the position of Algerian legislation, judiciary, and international conventions regarding it, the scope of its probative value in criminal proof, its sufficiency for conviction or acquittal, and the associated legal and scientific safeguards. The study concludes that biological evidence holds considerable probative value before the criminal judge, though this value is not absolute, as the judge retains discretionary authority 93 in accordance with the principle of personal conviction. It emphasizes the necessity for the Algerian legislator to establish comprehensive legal regulation of biological evidence, strengthen legal safeguards, develop forensic laboratories, and provide specialized scientific and technical training for judges. Keywords: Biological Evidence, Probative Value, Criminal Judge, DNA Fingerprinting, Criminal Proof, Algerian Code of Criminal Procedure, Forensic Medicine, Scientific Police, Judicial Police, Judge's Personal Conviction, Discretionary Power, Deoxyribonucleic Acid (DNA), Biological Traces, Judicial Expertise, Crime Scene.