بصمة العين وحجيتها في أثبات هوية المتهم الهارب دراسة مقارنة

لطيف مطشر, أ.م.د. دلال

doi:10.63677/jqlap.2023.180112

	بصمة العين وحجيتها في أثبات هوية المتهم الهارب دراسة مقارنة
AL-Qadisiya Journal For Law and Political Sciences
Volume 14, Issue 1, May 2023, Pages 270-294 PDF (755.24 K)
DOI: 10.63677/jqlap.2023.180112
Author
أ.م.د. دلال لطيف مطشر
AL-Qadisiya Journal
Abstract
The eye print is one of the types of biometric or biological fingerprints. It is considered one of the accurate fingerprints in determining the identity of people، including the fugitive accused، because each person has an eye print that is different from the other، even if it is for the same person. The iris fingerprint is currently used، and the reason for this is that the retina fingerprint requires the person to sit directly in front of the device’s camera lens، while the iris fingerprint is enough to pass through it to capture the camera’s eye print، from this we conclude that the retina fingerprint is different from the iris fingerprint and this what was confirmed in the concept of each of them، where the retinal imprint is defined as a group of blood vessels that emerge from the optic nerve of the eye، knowing that each of the right eye and the left eye has a unique and different path of blood vessels، which made each eye imprint different from the other. In contrast، the iris imprint of the eye is defined as the colored part of the eye through which the amount of light entering the eye can be controlled through the pupil. The eye’s iris consists of two muscle tissues and a group of fibers; the iris takes its final shape in the final stages of embryo development.Concerning the characteristics of the eye print، it is characterized by a set of features، the most important of which is that it is more accurate than fingerprints in identifying people because fingerprints have (40) characteristics. In contrast، the eye print is characterized by (266) features. One of the characteristics of the eye print is also that it is fixed after birth. It does not change for life and is not affected by surgeries or when wearing contact lenses. Concerning its legal nature among the evidence، the Iraqi Code of Criminal Procedure No. (23) of 1971 did not provide for the fingerprint in general and the eye print in particular; the evidence provided in Article (213). /a) However، it became clear to the researcher through the study that the legal nature of the eye print is a presumption، specifically of the type of judicial presumption and not a legal presumption and the extent of its authority in determining the identity of the fugitive accused. Including a fingerprint that cannot be falsified in all its forms will become apparent through the research folds with the help of the Almighty.
Keywords
eye print; Types of eye print; presumption; The fugitive accused; The legal authenticity of the eye print

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