The Authenticity of Visual Recording in Criminal Evidence in Palestinian Legislation

Authors

Abdullah D. Mahmmoud, Osama I. Darraj

 

Abstract

This study revolves around the authenticity of video recordings before the criminal judiciary in Palestine, as video recordings of all kinds have become widely spread in society, especially with modern technical development, and imaging devices have spread in public and private places, which opened the way to consider the authenticity of these recordings in the event The occurrence of a crime to benefit from it in criminal proof. The Palestinian judiciary has taken the legality of the evidence derived from visual recordings in public places, where it is required that the visual evidence, like the rest of the other evidence, is certain and unquestionable so that the verdict of conviction is based on it and the judge can reach its validity and conviction through the visual evidence presented to him from pictures and films and watching them through his computer screen. The researchers followed the descriptive analytical approach by addressing and analyzing the texts of Resolution Law No. 10 of 2018 regarding cybercrime, and Law of Criminal Procedure No. 3 of 2001 and analyzing them to reach the true will of the legislator. The study concluded that visual recording in an illegal private place is a violation of the sanctity of private life, a constitutional principle that the legislator was keen on in the Palestinian Basic Law, and the Palestinian legislator did not explicitly refer to the acceptance of visual evidence in criminal evidence except in the decision by Law No. 20 of 2015 on money laundering and terrorism financing, and the most important recommendations are related to the need to investigate the accuracy of uploading the visual evidence so that this evidence does not constitute a violation of the sanctity of the private life of individuals, with the need to adhere to the use of this guide by observing the legal controls related to the visual evidence.

DOI: 10.51958/AAUJBL2022V6I1P2