English abstract
No one can deny the positive role that the scientific developments and the modern technology have played within the framework of the criminal law, especially with regard to the proof as a theory and its role in detecting the crimes and capturing the criminals, out of these scientific developments is the human footprint (DNA) and its assumed role in proving the crimes. If all criminal legislation agreed on the use of the fingerprints, the audio and eye print, then the query about the possibility of using the DNA in proving or disproving the criminal cases might be raised. If we assume that it is permissible to use it, then this calls into another question, whether the DNA is considered a conclusive evidence in the field of criminal evidence or is it one of the supporting evidence for existing evidence? Where the importance of proof is considered as the means used by the judge to reach the required truth, because the disputed cases are of no value if there is no comprehensive objective evidence of legal action that is referred to prove or deny this right. This study aims at demonstrating the importance of the DNA and its legal adaptation in terms of cut out proof or to consider it as a consort with. To accomplish the objectives of the present study, its methodology is based on descriptive analysis as a basic method in order to reach the following results; first, the DNA footprint is a unique map for everyone. Second, it cannot be changed over time. Third, it can be extracted from the person even after his death. Forth, it is also a clear and conclusive evidence that the person concerned is present at the crime scene.
