نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشگاه پیام نور، دانشکده حقوق، گروه حقوق کیفری و جرمشناسی
2 دانشگاه قم، قم
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The impact of emerging technologies on crime detection, including homicide, creates challenges within the legal systems of states. This also holds true for the Iraqi and Kuwaiti legal systems, since their most important issue is the integration of digital tools and forensic techniques into criminal investigation and evidential processes with respect to legitimacy and the realization of justice. Using a descriptive–analytical and comparative method, this paper examines constitutional principles and legal texts, and demonstrates that Iraq relies mainly on judicial interpretation of the flexible provisions of its procedural texts, including Articles (163), (165), and (166) of the Iraqi Criminal Procedure Code No. (23) of 1971, whereas Kuwait, by updating its laws—particularly the Criminal Procedure Code No. (17) of 1960, the Anti-Information Technology Crimes Law No. (63) of 2015, and the Data Protection Law No. (12) of 2020—has created a more codified and coherent structure. The findings show that both systems accept the legitimacy of technological evidence, including DNA testing, GPS tracking, and digital surveillance, in homicide detection, but they differ in procedural safeguards and the degree of institutional preparedness. Iraq focuses on judicial interpretation and analysis and the use of expert opinions, while Kuwait prioritizes precise regulation and oversight to protect privacy and data integrity. Ultimately, this article demonstrates that both systems are moving toward a balanced model that combines technological efficiency with fair procedure, so that investigations into serious crimes such as homicide in this digital age may be elevated to a level of reliability and legitimacy.
کلیدواژهها [English]
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