THE AUTHORITY OF THE CRIMINAL JUDGE TO ASSESS DIGITAL (ELECTRONIC) EVIDENCE IN JORDANIAN, EGYPTIAN, AND FRENCH LEGISLATION

Tawfiq Khashashneh, Tareq Nicola Al-Billeh, Hamzeh M. Abu Issa · Journal of Southwest Jiaotong University · 2022

The interest that the digital (electronic) evidence enjoys has become great compared to other evidence. In fact, this is due to the spread of the use of digital information technology which role has increased with the entry of the Internet and computers into various areas of life. So, the research issue lies in that this virtual medium has become a hotbed for a range of perpetrators called information criminals. Actually, the crimes they perpetrate are located in the virtual medium, or what can be called the digital or electronic world. In fact, several results and recommendations were reached in this research, the most important of which is that the digital (electronic) evidence is the best evidence to prove this type of crime because it is of the nature of the medium in which the crime was committed. Hence, from here, the interest in this type of evidence began, bearing in mind that the proof of the digital (electronic) crime is not limited to digital (electronic) evidence as it is possible to prove by traditional evidence such as testimony, confession, and others. Therefore, the issue of accepting digital evidence (electronic) is affected only by the extent of the criminal judge's conviction of it if such type of evidence can be subjected to the discretion of the judiciary.

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