Digital Evidence Nature:its Role in enhancing judge's Convincing

Authors

  • Ass.Lec Abbas Ibrahim Juma Imam Al-Kadhim (peace be upon him) College of Islamic Sciences

DOI:

https://doi.org/10.32792/tqartj.v2i38.333

Keywords:

digital evidence, judge's conviction, electronic crimes

Abstract

The rate of impunity for perpetrators the information's crimes to be brought to the courts for trial is very large because of the inability of the judicial authorities to reach the proof of the commission of this type of crime. As well as, identifying the perpetrators of the perpetrators, because of not dealing with evidence of proof of this type of crimes on As it is characterized by its specificity. This prompted us to research the merits of the digital evidence and identify the characteristics that must be paid attention to, as well as the defects that distinguish it from the evidence in traditional crimes.

Downloads

Download data is not yet available.

References

Israa Jibril Rashid Marei, Information Crimes and Definitions, Arab Democratic Center.

Ashraf Tawfiq Shams El-Din, Explanation of the Criminal Procedure Code, Part 1: Pre-trial Stage, 2012.

Amal Fadel Abed Khashan - Dr. Ahmed Hamdallah, Criminal Evidence for Misuse of Mobile Phones, Journal of the College of Law for Legal and Political Sciences.

Kinda Fawaz Shammat, The Right to Private Life, PhD thesis, Faculty of Law, Damascus University.

Tharwat Abdel Hamid, The electronic signature: what it is, its risks, and how to confront it, the extent of its authority in proof, New University House / Alexandria, 2007.

Raafat Abdel-Fattah Halawa, Criminal Evidence, its Rules and Evidence, Dar Al-Nahda Al-Arabiya, Cairo, 2003.

Ramzi Riad Awad, The Criminal Evidence Project in the Trial Stage and Before: A Comparative Analytical Root Study, Dar Al-Fikr Al-Arabi, Cairo, year 200.

Sheikh Ahmed Y. Abdul Rahman Al-Baadi, The Electronic Crimes Case and the Conviction of Proving it in Arab Legislations between Reality and Hope, Third Conference of Chiefs of Supreme Courts in Arab Countries.

Abdel Nasser Mohammed Hamoud Farghali, d. Muhammad Obaid Saif Saeed Al-Mismari, Criminal Evidence with Digital Evidence from the Legal and Technical Perspectives: An Applied Comparative Study, the First Arab Conference on Forensic Science and Forensic Medicine, Kingdom of Saudi Arabia. Organized by Naif Arab University for Security Sciences.

Ali Hassan Al-Tawalbeh, Assistant Professor of Criminal Law, Dean of the College of Law, University of Applied Sciences, Bahrain, Legality of Electronic Evidence Derived from Criminal Inspection: A Comparative Study, Security Media Center, 2009.

Fakhri Abdul-Razzaq Salbi Al-Hadithi, Explanation of the Criminal Procedure Code, Al-Sanhoury Library, Baghdad 2015

Muhammad Zaki Abu Amer, Evidence in Criminal Matters, Technical for Printing and Publishing, Alexandria, 1985 AD.

- Muhammad Sami Al-Shawa, The Information Revolution and its Implications for the Penal Code, Dar Al-Nahda Al-Arabiya, Cairo, 1994.

Muhammad Ali Al-Arian, Information Crimes, New University House, Alexandria, 2011.

Muhammad Ali Al-Arian, Information Crimes, New University Publishing House, 2004 edition.

Mernez Fatima, Attacks on the Right to Private Life, the Internet Lesson, PhD thesis, Boubacar University of El Kaid, Tlemcen / Algeria.

Mamdouh Khalil Bahr, The scope of the criminal judge's freedom to form his emotional conviction, Sharia and Law Journal, Issue (21), June, 2004.

Mamdouh Abdel Hamid Abdel Muttalib, Using the TCP IP Protocol in Research and Investigation of Computer Crimes, 2003, Dubai, United Arab Emirates.

Mona Fathy Ahmed Abdel Karim, Crime through the International Information Network, PhD thesis, Faculty of Law, Cairo University, 2008.

Maysoon Khalaf Al-Hamdani, Ali Muhammad Kazim, The Digital Evidence and its Relationship to Infringing the Right to Informational Litigation During Crime Proof, Al-Nahrain University Journal / College of Law, Iraqi Ministry of Higher Education, 2016.

Article 13 stipulates: Without prejudice to the rights of bona fide, it is permissible to order the confiscation of devices, programs, or means used in committing any of the crimes stipulated in this system, or the funds collected from them, and it is permissible to order the closure of the website, or place The service provision is permanently or temporarily closed whenever it is a source of committing any of these crimes, and the crime was committed with the knowledge of its owner.)

- Hisham Rostom, Information Crimes, Their Concept and Characteristics, Jordan, Middle East University, 2013.

- Hilali Al-Abdullah, The Witness’s Commitment to the Media in Information Crimes: A Comparative Study, Dar Al-Nahda Al-Arabiya, Cairo, 2000.

Hilali Al-Abdullah Ahmed, Inspection of Computer Systems and Guarantees of the Accused Information Technology, Dar Al-Nahda Al-Arabiya, Cairo, 1997.

Younis Arab, Arab Legislative Measures for the Protection of Information and Digital Works, a working paper presented to the Fifth Scientific Symposium on the Role of Documentation and Information in Building the Arab Society, The Arab Information Club.

English Language References:

Robert Taylor: Computer Crime, "in criminal investigation" edited by Charles Swanson, N. Chamelin and L.Territto, Hill inc. 5th edition 1992.

Laws:

Iraqi Code of Criminal Procedure No. (23) of 1971

The French Code of Procedure issued in 1958.

UAE Cybercrime Combating Law No. (2) of 2006.

The Saudi Information Crimes Control System 1428 AH/2007AD.

Law No. 63 of 2015 for Combating Information Technology Crimes in Kuwait.

Copyright Law No. (3) of 1971,

Instructions No. (10) of 1985 regarding the establishment of the National Committee for Copyright Protection

International Agreements:

The Arab Convention for the Protection of Copyrights, ratified by Iraq by Law No. (41) of 1985.

Attendees:

Lectures given by Dr. Muhammad Al-Jabour for an in-depth studies in criminal trials at the Middle East University for Graduate Studies, for the first semester of 2010/2011.

Downloads

Published

2022-06-29

Issue

Section

Law Studies

How to Cite

“ Digital Evidence Nature:Its Role in Enhancing judge’s Convincing”. 2022. Thi Qar Arts Journal 2 (38): 251-73. https://doi.org/10.32792/tqartj.v2i38.333.

Similar Articles

1-10 of 36

You may also start an advanced similarity search for this article.