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دور الخبير في حل دعاوي تزوير المستندات الخطية الرسمية في النظام القانوني الفلسطيني
Date Issued
2024-04
Author(s)
صالح سميح السمنه
Universiti Sains Islam Malaysia
Saleh Samih Al-Samna
Universiti Sains Islam Malaysia
Abstract
The phenomenon of crime in a society indicates a major imbalance in the social justice scale that threatens all levels of society. Official written documents have long been recognized as important evidence, especially its evidentiary power. The research problem is that Palestinian lawmakers, through the Evidence Act No. 4 of 2001, have yet to allocate clear and explicit articles, texts, or paragraphs related to writing expertise as evidence for or against forgery. This study aims to determine the principles for proving the forgery of official documents through the role of experts in Palestinian law. It attempts to prove the forgery of official written documents, and the legal origin of technical expertise in Palestinian law was also identified. In this study, the researcher employed the inductive and analytical descriptive approach. Among the importance of this study is that it provides a brief tool for analysing the role of experts in cases of official document forgery and organizing information in a systematic way. It is also the first study to discuss the position of the Palestinian legislator. It contributes in providing mechanisms to prove the crime of official document forgery and educating judges and lawyers on the importance of verifying forgery. Among the most important findings obtained by the study is that the crime of official document forgery has become a concern within societies. Addressing this crime requires particular attention because of the variety of forgery methods. The study reached a number of conclusions, most importantly the urgency for legislators to keep pace with technological development, as this crime requires the latest techniques and tools. This can be done by introducing new amendments to keep pace with the techniques used in the crime, on the one hand, and to deter the forger, on the other hand. In summary, the crime of forgery of official written documents creates a major imbalance in the social justice scale and threatens public security. This study has analysed the role of legal experts in uncovering the forgery of official documents.
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4201459 Declaration..pdf
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4201459 Introduction.pdf
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