سلطة القاضي الجزائي في تقدير الدليل الإلكتروني وفق التشريع الجزائري

Abstract EN

The criminal evidence is the judge's legal means of finding the truth and uncovering the crime and attribute it to the accused, he may base his decision only on the evidence presented to him during the proceedings at which the debate took place in front of him, and the Algerian legislature's recognition of the freedom to submit evidence and to leave it to the personal conviction of the judge in question, is the promotion of proof presumption of innocence, the promotion of the exercise of individual defence rights, however, without specification and allocation, this launch is a clear legislative shortcoming, evidence that the electronic guide is of a special kind, as is the case with cybercrime, the absence of the lowest legal text in this regard gives rise to problems with the nature of the evidence before the judicial authorities, so that the latter, in the event that they are not familiar with information technology, can refute this evidence and not rely on it, even if it is in possession of evidence power, and all conditions of validity are met, and vice versa.