Proof of lineage between ordinary evidence and scientific methods in Algerian legislation.

Authors

  • Ahmed Bitam University of Batna1
  • Said Draze University Of Alger1

DOI:

https://doi.org/10.59791/efas.v9i1.1565

Keywords:

Descent, genetic fingerprint, Proof, Legal Security

Abstract

The scientificdevelopment in the science of genetics has made a quantum leap in the field of proving lineage, so that a significant number of legislation concerned with the family have fallen short of the rule of lineage, which made the judiciary in this or that country resort to seeking the help ofjuristicJurassicjuristjuristsopinions or applying the spirit of laws.

Given the importance of the topic despite the traditional evidence that had a great role in provingsonshipthe entry of the DNA fingerprint into the evidence world at the present time is considered a major shift in the evidence and the DNA is responsible for transmitting the genetic traits across generations, achieving that exclusivity And the distinction between every human race.

Proof of lineage or exile by blood groups is not definitive because one family may have many people involved.

The genetic fingerprint, which changed the methods of judicial evidence as a modern technique to reveal the identification of persons and the extent of their affiliation with their parents, the Algerian legislator went along, Through the recent constitutional amendment of 2020 in order to achieve legal security with the use of modern techniques, and the judge was permitted to resort to scientific methods to prove the lineage.

Published

2022-01-31

How to Cite

Bitam, A., & Draze , S. (2022). Proof of lineage between ordinary evidence and scientific methods in Algerian legislation. ELBAHITH For Academic Studies, 9(1), 948–964. https://doi.org/10.59791/efas.v9i1.1565

Issue

Section

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