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.

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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.

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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.)

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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.

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Published

2022-06-29

How to Cite

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

Issue

Section

Law Studies