The Role and Importance of DNA in Criminal Evidence

Abstract

This research examines the importance of Deoxyribonucleic Acid (DNA) in the field of criminal evidence, as one of the most significant modern scientific methods that has brought about a qualitative shift in crime detection. It demonstrates that scientific progress has strengthened the criminal justice system by introducing precise technical evidence that surpasses traditional means of proof. The study also addresses the concept of criminal proof and its legal foundation, highlighting the judge’s role in forming his or her conviction based on lawful evidence. Furthermore, it discusses the scientific nature of genetic fingerprinting and its characteristics, which distinguish each individual from another in an almost absolute manner. DNA analysis is considered a form of expert evidence subject to the court’s assessment in accordance with the principle of free judicial conviction adopted in Libyan legislation.        

The research also reviews the evidentiary value of DNA in comparative and Arab legislations, noting that most recognize its probative value without granting it absolute and independent authority. It emphasizes that while a DNA match establishes biological linkage, it does not, by itself, prove the commission of a crime; therefore, it must be supported by additional evidence and corroborating circumstances. The study further addresses legal concerns related to privacy and the confidentiality of genetic data. The research concludes with the recommendation to enact specific legislation regulating the use of genetic fingerprinting and to establish a national DNA database under strict judicial supervision. Ultimately, it affirms that DNA constitutes an effective tool for achieving criminal justice, provided that it is governed by legal safeguards that balance crime prevention with the protection of rights and freedoms.