Digital evidence and its legitimacy in comparative systems
Keywords:
digital evidence, criminal proof, evidentiary systemAbstract
The digital revolution has brought significant changes to criminal law, including the emergence of cybercrimes and the need to prove them using digital evidence. This evidence is characterised by its scientific and technical nature, its ease of replication, and its resistance to destruction. However, the validity of digital evidence depends on how it is collected and how persuasive it is to the judge. The extent of the judge’s discretionary authority varies according to the evidentiary system: the Latin system grants the judge considerable freedom, whereas the Anglo-Saxon system imposes strict criteria for the acceptance of digital evidence. The Algerian legislator has sought to adapt legislation to ensure the credibility and effectiveness of digital evidence in criminal proceedings.
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References
Ahmed Abdellah Helali, 'The Admissibility of Computer Outputs in Criminal Cases: A Comparative Study', Proceedings of the Conference on Law, Computer and Internet, 3rd edition, Vol. 3, United Arab Emirates University, 2004.
Aida Belabed, 'Digital Evidence Between the Necessity of Criminal Proof and the Right to Information Privacy', Scientific Horizons, Vol. 11, No. 1, 2019.
Ali Hassan Mohamed Al-Tawalia, 'Criminal Search on Computer Systems and the Internet: A Comparative Study', 1st edition, Modern Book World, Jordan, 2004.
Ali Mahmoud Ali Hamuda, 'Evidence Obtained from Electronic Means in the Context of Criminal Proof Theory', Proceedings of the First Scientific Conference on the Legal and Security Aspects of Electronic Operations, organised by Dubai Police Academy, 26–28 April 2003, Dubai.
Baha Al-Mary, 'Social Media Crimes, Mobile Crimes, and the Admissibility of Electronic Evidence', Vol. 2, Cairo: Al-Ahram Publishing and Distribution, 2022.
Belhadi, H. (2019). 'The admissibility of digital evidence in criminal proof'. Journal of Legal and Political Research and Studies, 9(1).
Ben Firdia Mohamed, 'Digital Forensic Evidence and Its Admissibility in Criminal Courts: A Comparative Study', Academic Journal of Legal Research, Vol. 5, No. 1, 2014.
Ben Malik Ahmed and Khal Ibrahim, 'The Role of Digital Evidence in Criminal Proof', Journal of Humanities, University Centre Aï Kafi, Tindouf, Algeria, Vol. 5, No. 1.
Chaima Sayed Abdel Rahman Mohamed Al-Shuqairy, 'The Extent of the Admissibility of Digital Evidence in Proving Traditional Crimes: A Jurisprudential Study', Journal of Sharia and Law, No. 41, Faculty of Sharia and Law, Al-Azhar University, Cairo, April 2023.
Karrar Ghanem Bustan, 'The Scope of Electronic Evidence in Criminal Proof', Journal of Iraqi University, Vol. 73, No. 4, 2025.
Khatoui, M. and Akouch, H., 'The Privacy of Electronic Evidence', Journal of Legal and Political Thought, Vol. 7, No. 1, 2023.
Law No. 09-04 concerning Special Rules for Preventing and Combating Crimes Related to Information and Communication Technologies, Official Gazette No. 47, 6–8 August 2009.
Mamdouh Abdel Hamid Abdel Muttalib, Zubaida Muhammad Qasim and Abdullah Abdul Aziz, 'A Proposed Model for the Rules of Admitting Digital Evidence in Computer Crimes', Conference on Electronic Banking Between Sharia and Law, Vol. 5, Dubai Chamber of Commerce and Industry, 10–12 May 2003.
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