دور الخبرة في الإثبات الجزائي في التشريع الجزائري
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Date
2020
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جامعة المسيلة
Abstract
Sometimes the judge is unable to initiate an investigation of all or some of the facts of the case and prove it in some of the cases before him.If the investigation of it requires knowledge of accurate technical information outside the knowledge of the judge, then he may seek the assistance of experts specialized in technical, technical and scientific matters, or if the settlement of the dispute depends on knowing technical information in any branch of knowledge.
Therefore, experience at the present time is one of the most important means of proof, because it has great importance in adjudicating many issues based on the opinion of the people of experience, which made the judiciary in many matters based on the opinion of these people because they have knowledge and experience that others lack, so the judge does not He can dispense with the help of experts, because the large number of cases and their complexity and the diversity of circumstances in which the dispute occurs make it impossible for the judge to know all of them, which requires the use of expertise in every matter that requires it.
The Algerian legislator has organized, within Articles 341 to 356 of the Code of Criminal Procedure, who has the right to request experience, to control the profession of an expert, and to place trust and responsibility in it, to work in all seriousness, professionalism and honor to accomplish the experience, which is to know the causes and causes of the crime and the original actor In it, answering the various questions related to the circumstances of the crime, and forming the judge's belief and conviction to reach the truth, to adjudicate the issues raised in his hands. But the process of assessing the evidence resulting from experience is based on the judge’s personal conviction, whose discretion is to rely on his judgment on the results of the experience, if he is satisfied with it.
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الخبرة -الاثبات الجزائي