PhD candidate in the Department of Criminology, Faculty of Psychology at Selinus University, Italy
Professor at Selinus University, Italy
A legal framework that ensures the use of forensic science in a criminal justice system is imperative. It can accelerate criminal proceedings that take a longer period and ultimately augment the conviction or acquittal rate to a greater extent. This paper examines the legal basis of criminal investigation with the end result that the scope of the law on the use of forensic science investigation in Cameroon is pinpointed. The rules of investigation of offences in Cameroon is regulated by Law N° 2005 of 27 July 2005 on the Criminal Procedure Code. However, the origin of criminal law and procedure stems from Law No 96/06 of January 1996 to amend the Constitution of 2nd June 1972 considered as the highest law of the Republic. According to this Law, every accused person is presumed innocent until found guilty during a hearing conducted in strict compliance with the rights of defence. Law N0 2016/007 of 12/07/2016 relating to the Penal Code is the Criminal Law of the Republic which defines crime and punishment of offenses committed in the territory of Cameroon. It specifies the powers, functions and procedures of every institution involved in criminal adjudication. The criminal justice system consists of two main structures namely: The Judicial Police and the Legal Department. Investigations are carried out by the judicial police and gendarmes who are responsible for investigating offences, collecting evidence, identifying offenders and accomplices, and bringing them before the legal department. The legal department is the prosecuting arm in charge of all criminal matters. The Criminal Procedure Code contains provisions on the rules of evidence implying that forensic evidence could be helpful in shaping the process of proof in criminal investigations. In addition, the courts in Cameroon have used scientific evidence in some cases to supplement evidence which has already been adduced.
International Journal of Law Management and Humanities, Volume 6, Issue 2, Page 175 - 185DOI: https://doij.org/10.10000/IJLMH.114336
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