الدليل الرقمي وحجيته في الإثبات الجزائي

الملخص EN

This research examines the special nature of the digital guide, its characteristics, its advantages, and the types and forms of digital evidence.

It also shows that there is a legislative, judicial and jurisprudential trend that permits the use of electronic surveillance as a modern means of proof and to detect serious crimes or certain crimes that threaten the system.

General, which provides digital evidence and evidence of strength and value regardless of its legal value or lack of integrity.

The jurisprudential opinion that goes to the validity of the computer components of the inspection is also likely to reach the legislator's goal of searching for evidence that helps in uncovering the truth, even if the subject is something of a moral nature.

The authenticity of the digital manual depends on its acceptance by the judge.

This requires that the evidence should be extracted and saved in its original form, that it was not subjected to tampering or damage, and that the computer's integrity and accuracy were checked.

It also requires that the evidence has a fixed origin in the documents of the case, and that the criminal judge provided the opportunity for the litigants to view and discuss it in detail at the hearing.

Finally, the judge's conviction of the digital evidence must be based on certainty and on fixed and categorical arguments.

Contradicted by doubt or other possibility.