صعوبات التحقيق و الإثبات في الجرائم المعلوماتية وأثرها على العدالة الجنائية

Abstract EN

Cybercrimes are of a particular nature that are completely different from traditional crimes since they occur in a virtual world.

Thus, this study deals with the difficulties of investigating and evidencing on cyber-crimes, i.e., those impediments and obstacles that may stand in the way of the criminal investigator as he undertakes the investigation process at any stage of the investigation.

This study followed the descriptive and analytical approach and concluded that cyber-crimes have a special nature that differ from traditional crimes.

Therefore, criminal investigators must be vigilant in dealing with them.

Further, cyber-crimes are global crimes that do not recognize political and geographical borders, and to this end, international cooperation to combat them is a requirement.

Cyber-criminals possess intelligence, while the investigation authorities may completely lack experience and competence in this domain.

In light of these results, the researcher recommends training everyone involved in the process of investigating this type of crimes.

Also, there is a need for international cooperation between different countries of the world.

As well as the necessity of notifying the investigation authorities immediately upon the occurrence of the crime by everyone who recognizes this type of crime, especially institutions, commercial companies, banks and others who refrain from reporting because of their fear of losing their clients’ trust, and their fear for their reputation.

It is also necessary to impose criminal procedures’ law and a special evidencing law for cyber-crimes due to the shortcomings of both the code of procedure and the traditional evidentiary act.