الأدلة الرقمية و حجيتها في إثبات الجرائم الإلكترونية : دراسة فقهية مقارنة

Abstract EN

This research paper addresses digital evidence and its legal validity in proving electronic crimes.

This is one of the emerging recurrent issues that people need to know the legal ruling thereon.

Information and communication systems, which constitute the environment of those crimes, have become essential and indispensable in our practical and social life.

They have become the means of interactions among people, governments, institutions, and individuals.

The present research paper consists of an introduction, three sections, and a conclusion.

As for the introduction, it presents a statement of the study, its significance, methodology, and plan.

The first section explores the concept of digital evidence, its characteristics, types, and the procedures and the difficulties of obtaining it, the authority of the criminal judge to accept or reject it.

The second section examines the concept of electronic crimes, their characteristics, and types.

The third section deals with the juristic adaptation of digital evidence, the rule of proof and legal presumptions, proving crimes by circumstantial evidence, and the rule of using digital evidence in proving electronic crimes.

The conclusion states the most important findings and recommendations of the research.

It notes some important results, including the fact that digital evidence is adapted as circumstantial evidence and that a criminal judge may rely on digital evidence to prove electronic crimes, provided that it fulfills certain conditions of legal validity that some jurists specify.