حجية الخبرة في المادة الجزائية

Abstract

In some cases presented to the judge, it may be impossible for the judge to personally investigate all or some of the facts of the case if the investigation requires detailed technical information beyond the judge’s knowledge. Therefore, the judge is allowed to seek assistance from experts specialized in technical, scientific, or other specialized fields if resolving the dispute depends on knowing technical information in any branch of knowledge. The Algerian legislator has regulated, in Articles 143 to 156 of the Code of Criminal Procedure, who has the right to request an expert investigation, defined the profession of the expert, and placed trust in them, making them responsible for working with seriousness, professionalism, and honor to complete the expertise. This expertise involves understanding the circumstances and causes of the crime, identifying the main perpetrator, answering various questions related to the details of the crime, and forming the judge's belief and conviction to uncover the truth and resolve the cases before them. However, the process of evaluating evidence resulting from the expertise is based on the judge’s personal conviction, which forms the basis of their discretionary power to rely on the results of the expertise if convinced by it.