البصمة الدماغية وحجيتها في الإثبات الجنائي: دراسة مقارنة بين الشريعة والقانون الجنائي الليبي

Thank God, Lord of the Worlds, and prayers and peace be upon the most honorable prophets and messengers, our Prophet Muhammad, peace be upon him and all his family and companions, but after: Criminal proof and argument are of great importance in legal studies; the judiciary, which is the highest authority in the State, carries out its mission to achieve justice for society by delivering rights to its owners and inflicting sanctions .because the judge can only access the truth through arguments and evidence, and the authority of criminal proof is one of those methods, which makes the legal study of the brain fingerprint of a legal aspect of great importance; In the absence of specialized studies of the brain fingerprint from a perspective that combines sharia and law, while the brain fingerprint has been studied in its scientific field,This prompted the researcher to conduct this study, with a view to reaching the authenticity of the brain fingerprint in criminal proof, which should be seen in the scope by studying it from its legal and legal perspective. Brain fingerprint: A way to read electrical signals from the brain in response to seeing some images, or information about a crime, so the brain fingerprint and its argument may be a paradigm shift in forensic methods, it is possible Inferred in proving the crime by using the brain print. Evidence used include fingerprints, genetic fingerprints and other fingerprints used The Criminal Code certainly proves that the offender committed his crime, but each has its own flaws in achieving the goal of Libyan criminal law in particular. English law also authorized the use of medical examinations and tests, including brain fingerprint testing, as well as German law, which authorized the use of modern tests if there were clear evidence. Based on what was presented, it was noted the absence of the use of a brain print in Libya's criminal proof law, which resulted in the absence of a law authorizing the use of the brain print as proof and its authenticity despite its credibility, and the non-infringement of the privacy of the perpetrator. And that's where a problem came up. The study of the absence of a brain prints in the legislation of the Libyan Criminal Proof Act despite its credibility and its non-violation of the privacy of the offender as material evidence. Accordingly, in including the brain fingerprint, and proving its authenticity as a means One of the means of proof is a new addition to Libya's criminal law under conservative society, bringing a new addition to Libya's criminal law to achieve justice. It is therefore necessary for the Libyan legislator to take the evidence from modern technological.