The Evidentiary Value of the Crime Scene Visit and Inspection and the Consequences of Its Violation

Abstract

The principle of judicial conviction is a cornerstone of the criminal evidence system. It grants the criminal judge discretionary power in assessing the evidence presented, without being bound by any specific type of evidence, provided that such evidence meets the legal requirements. Among these forms of evidence is the procedure of on-site inspection, which is subject to this principle at all stages of the criminal proceedings, particularly those conducted by judicial police officers during the investigation and evidence-gathering phase. However, its impact extends to all stages of the criminal proceedings, from investigation to trial, as it is a fundamental procedure in uncovering the crime and establishing its features at the crime scene. Given the importance of this procedure, any violation of its legal requirements may lead to its nullity and the resulting consequences that affect the validity of its execution. One of the most prominent factors that can affect the integrity of the on-site inspection procedure is the crime of altering the condition of persons or objects at the crime scene, which we have termed the crime of procedural fraud, intended to mislead the judiciary.