Witness Testimony Use of Modern Technology

Authors

  • Majed Khalaf Salim Alswat PhD Candidate, Department of Shariah and Law, Academy of Islamic Studies University of Malaya, Kuala Lumpur, Malaysia
  • Ruzman Md Noor Department of Shariah and Law, Academy of Islamic Studies University of Malaya, Kuala Lumpur, Malaysia
  • Mohd Hafiz Jamaludin Department of Shariah and Law, Academy of Islamic Studies University of Malaya, Kuala Lumpur, Malaysia

DOI:

https://doi.org/10.55074/hesj.vi41.1146

Keywords:

Testimony, Modern technology, Criminal procedures

Abstract

This study addresses witness testimony through electronic and modern technological means. It aims to clarify its concept, foundation, and various forms of execution. Furthermore, the study delineates the necessary regulations for delivering testimony via technology, its admissibility, and the extent to which criminal judges are obligated to consider it in proving criminal facts. The study employs a descriptive-analytical method along with field research. It analyzes international charters and treaties, as well as the Saudi legal system, concerning the legality of accepting witness testimony via electronic and modern technological means. Additionally, it conducts field research and distributes questionnaires within a work environment related to the research topic. The study concludes that testimony via modern means is a contemporary method of evidence, possessing the same strength as traditional methods of testimony. This is entirely in line with Vision 2030, which aspires to rely on all that is new and impactful in achieving justice in general. The study recommends issuing a specific system for rules of evidence in criminal cases, necessitating the implementation of enhanced monitoring mechanisms electronically. This includes the creation of a special unit of judicial inspection judges to monitor the criminal judge while hearing witness testimony. Additionally, it recommends issuing a special system for evidence in criminal matters, detailing the provisions of testimony, it emphasizes the need to establish clear and specific regulations for testimony, which the judge can rely on, ensuring that evidence is not left to the judge's discretion without clear and defined rules and constraints

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Published

2024-09-26

How to Cite

Witness Testimony Use of Modern Technology. (2024). Humanities and Educational Sciences Journal, 41, 355-386. https://doi.org/10.55074/hesj.vi41.1146

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