شروط قبول الأدلة الإلكترونية أمام القضاء الجنائي الفلسطيني

Abstract EN

Technological revolution has contributed in changing the nature of human`s life as a whole, the world became a small village result of this steady progress which affecting people's behavior positively and negatively, A new types of cyber-crime has emerged and used modern technological methods, Undoubtedly, it is in itself an evidences of the crime, that affecting mainly in the conduct of the lawsuit multiple stages.

There is no doubt, the omission of resulting evidences from cybercrime opens the door for the culprits to escape from legal deterrent punishment, where the present time human relies mainly on modern technology in communication, sales, purchasing and other daily transactions.

Electronic evidences are the way to create a judicial certainty either acquittal or conviction in cyber-crime because of resulting evidences from crime by their nature, depending on the discretion of the authority which owned by the judge to accept or reject the evidences, the updated evidences are subjected to the general principles of proof as a principle of legality of evidences and the principle of need to discuss evidences.

The importance of studying In light of the diversity of legal proof systems, and the different judicial applied systems, also differentiation of the judges’ jurisprudence and their cognitive abilities with respect to side-mail, it showed the importance of studying this matter and controls admission of electronic evidences which produced in the lawsuit.

The problematic of study The Palestinian legislator organized provisions of proof in criminal proceedings by law of Criminal Procedure No.

3 of 2001, as well as organized provisions of proof in civil proceedings by evidences law No.

(4) of 2001, also the Palestinian law has been devoid of a special law for electronic crime which represents a legislative deficit in face of cyber-crime, in light of the growing national and international e-crime legislative confrontation.

The methodology of study The researcher adopted in his study the curriculum descriptive analytical as methodology for research, to gain access to analysis the legislative texts in Palestinian law which related to electronic crime in terms of the acceptance of electronic evidences in the pending proceedings in front of Palestinian judiciary, As well as the jurisdiction of the Palestinian judiciary to decide cases involving electronic evidences, in addition to discretionary power of the Palestinian judge in acceptance or rejection of electronic evidence.

The study does not devoid of using the comparison of the Palestinian legislation with some other legislation, as well as the relevant international conventions to electronic crime.

The objective of study The study mainly aims to identify the general conditions for acceptance of electronic evidences and jurisdiction of the Palestinian judiciary in adjudication, and discretionary power of the judge in that.

The division of study The study was divided into sections: 1.1 Introduction 1.2 the general conditions of acceptance of electronic evidence 1.3 the jurisdiction of the Palestinian judiciary to adjudicate in cyber crimes 1.4 discretionary power of the judge to accept the rejection of electronic evidence.

1.5 Conclusion