خصائص و أنواع الدليل الإلكتروني في الكويت و دول المقارنة

الملخص EN

The tremendous technological and technical development, cyberspace science and modern means of communication using satellites and electronic transmitters, in carrying out its crimes, which are commercial projects, are considered commercial projects, one country, crimes that have exceeded, and they are commercial and innovative projects that represent a kind of criminal intelligence, use it within the traditional descriptions in national and foreign laws.

And in terms of what is related to the fragility of the procedural prosecution system, which seems limited to absorbing this new criminal phenomenon, whether at the level of criminal prosecution within the framework of national laws or at the level of international criminal prosecution, which necessitated the development of the national criminal legislative structure with similar legislative intelligence that reflects the due accuracy at the level In all cases, the principle of legality of crimes and penalties on the one hand, and the principle of procedural legality on the other hand, is respected in all cases, and is complementary in role and purpose with international treaties.

Criminal evidence with digital evidence is one of the most prominent developments of the modern era, which came to suit the scientific, technological and technical revolution of our time, and with which the criminal thought that accompanied the emergence of what is known as cybercrime has developed, has placed a heavy burden on those in charge of combating crime in the country.

Heavy tasks that exceed the capabilities available to them according to the foundations, rules and procedures of criminal investigation and traditional criminal evidence, due to the inadequacy and inadequacy of these traditional systems in proving these crimes, whether from a legal or technical point of view, which obligated the legislator to intervene with laws commensurate with such crimes.

These developments in informatics were sufficient to make criminal evidence affected by the crimes produced by this information revolution, which made the nature of proof by traditional means transcendental.

Perhaps this invisible nature of the evidence obtained from electronic means casts a shadow on the parties that deal with crimes that occur by electronic means, as it is difficult for them to be able to examine and test the suspected data, especially in cases of tampering with computer programs, and therefore it may be impossible for them to reach the perpetrators.

It is well known that investigation and investigation authorities used to rely on traditional means of criminal proof that rely on physical evidence of the crime, but in the vicinity of electronics, the matter is different.

Neither of them can apply traditional evidentiary procedures to intangible information.