ضوابط التفتيش الجنائي على أنظمة تقنية المعلومات: دراسة في ضوء التشريع العماني والمقارن

الملخص EN

This research discusses the standards and rules of criminal inspection on Information Technology (IT) Systems by carrying out a study on the IT crime scene, the procedural rules concerning evidence gathering in the field of this kind of crimes, and the extent to which the components of IT systems are fit for inspection.

This is at a time when IT crimes have become one of the most prominent features of the recent era, and evidence substantiation as well as control and collection of digital evidence constitute utmost difficulty for authorities responsible for investigation and criminal justice due to the nature of criminal place, being unphysical and relate to the mechanical treatment of data, whereby these authorities are used to work on material and tangible evidence.

It is also at a time when the committers of crimes are from other states as these crimes are international in nature.

The study reaches the conclusion that IT crimes are newly established, evolving and developing along with technology and virtual world.

Therefore, the situation requires putting in place legal and criminal protection for electronic data and information to eliminate they become target for criminals, and developing the procedural laws to regulate effectively the procedures related to investigation and collection of evidence and set rules for procedures of investigation in this kind of crimes generally, and inspection specifically.

In addition, national laws have to move in line with the ongoing developments to ensure criminalization of all acts that constitute crimes to prevent impunity and loss of rights.