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[size=52]Legal expert clarifies charges related to audio recordings of officials[/size]
- Today 10:45
Information/Baghdad...
Legal expert Ali Jaber Al-Tamimi pointed out today, Friday, that there are two legal opinions regarding audio recordings and the extent to which they are relied upon in courts to convict their owners.
Al-Tamimi told Al-Ulumah Agency, "The first opinion says that it is not permissible to record a person's voice without judicial approval, and the other opinion is permissible even without judicial approval, if the matter is related to the public interest, which takes precedence over the private interest."
He added, "The strength of the audio recording according to the Iraqi Criminal Procedure Code is considered a presumption, meaning that it is weaker than evidence, but it is sufficient for investigation, and at the same time it is not sufficient for a ruling when it is referred to the court, unless it is reinforced with evidence or other presumption."
He explained that "the audio recording can be submitted to the investigative court or the court competent in misdemeanor and felony cases in accordance with Articles 74 and 75 of the Code of Criminal Procedure."
He pointed out that "the decision to settle the controversy over the authenticity of the audio recording or not is the forensic evidence report, so that the recording must be free of manipulation, influence or addition and must not be under duress, and the court's discretion remains in issuing the ruling." End 25N
[You must be registered and logged in to see this link.]
Legal expert Ali Jaber Al-Tamimi pointed out today, Friday, that there are two legal opinions regarding audio recordings and the extent to which they are relied upon in courts to convict their owners.
Al-Tamimi told Al-Ulumah Agency, "The first opinion says that it is not permissible to record a person's voice without judicial approval, and the other opinion is permissible even without judicial approval, if the matter is related to the public interest, which takes precedence over the private interest."
He added, "The strength of the audio recording according to the Iraqi Criminal Procedure Code is considered a presumption, meaning that it is weaker than evidence, but it is sufficient for investigation, and at the same time it is not sufficient for a ruling when it is referred to the court, unless it is reinforced with evidence or other presumption."
He explained that "the audio recording can be submitted to the investigative court or the court competent in misdemeanor and felony cases in accordance with Articles 74 and 75 of the Code of Criminal Procedure."
He pointed out that "the decision to settle the controversy over the authenticity of the audio recording or not is the forensic evidence report, so that the recording must be free of manipulation, influence or addition and must not be under duress, and the court's discretion remains in issuing the ruling." End 25N
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