رفـاه خضـير جيـاد العـارضي

Summary

 

Massive development of information technology has undoubtedly its implications in the evidences obtained from electronic instruments as a great transformation has emerged in the legally accepted vindication methods by virtue of the development achieved in those methods.

Since felons have developed their ways in committing their crimes so dangerously that traditional vindication methods have become insufficient and unable to counter this advanced kind of criminality, it is essential to develop vindication methods to be in line with the technical criminal methods. Today, it is required from judicial authorities to deal with a developed and modernized form of evidences in the field of criminal vindication which is “the electronic evidence”.

          Electronic evidence, which is considered as the best way to verify crimes committed by electronic methods or occurred on them, is the yield of technical and scientific processes felons have pursued in order to do those crimes and this makes the judiciary afraid that those evidences do not express the reality because the methods of finding them may be subjected to falsification and deviation, so it is necessary for this kind of evidence to have a set of conditions which add them creditability and make them closer to reality and accepted as proofs in the juristic articles since they are factual and gotten in legal and decent ways.

          It is worth mentioning that the effect of scientific development is not confined to the content of the evidence, but its effect extends to the procedures required to obtain this evidence.

          To cover the topic of the thesis thoroughly, I have divided it into three chapters preceded by a preliminary section in which the significance of electronic evidence in criminal vindication has been discussed.

          In the first chapter, I have discussed electronic evidence in terms of its definition, kinds, ranges of using it and the conditions of accepting it in criminal vindication. I have also demonstrated the legal nature of this evidence.

          I the second chapter, I have explained that the method of obtaining electronic evidence is by inspection. I have shown the legal regulations that control inspection and the role of expertise in obtaining electronic evidence.

 

          In the third chapter, I have dealt with the legal value of electronic evidence and its power of convincing in the comparative laws, i.e. its power of convincing in jurisprudence, lawmaking and judiciary. I have also demonstrated the authority of judges in accepting and evaluating electronic evidence.