الأدلة الرقمية لإثبات الجريمة الإلكترونية في القضايا الجزائية دراسة تحليلية تطبيقية
The study dealt with digital evidence to prove the electronic crime in criminal cases from the perspective of Palestinian laws, especially after the issuance of the Decree-Law on Electronic Crimes No. 10 of 2018 AD, as it is a recent topic on the Palestinian scene. There is lacuna in Palestinian...
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| Summary: | The study dealt with digital evidence to prove the electronic crime in criminal cases from
the perspective of Palestinian laws, especially after the issuance of the Decree-Law on
Electronic Crimes No. 10 of 2018 AD, as it is a recent topic on the Palestinian scene.
There is lacuna in Palestinian law concerning electronic crimes. Despite the existence of
the decree-law on electronic crimes, the law did not address all electronic evidence issues,
and the law was not applied to the southern governorates (Gaza Strip) due to the political
difference. The objective of this research is to identify cybercrime and digital evidence,
how to control cybercrime, methods of proving it, and how to address the legislative
lacuna. The importance of this research is to contribute the mechanisms of proving
electronic crime, showing the importance of verifying the occurrence of electronic crime
and proving its occurrence, and then convicting the accused of committing it. This study
utilized a qualitative research approach, which involved the analysis of relevant literature,
legal text analysis, case studies, and interviews with legal experts and investigators. The
data collected was systematically analyzed, and the results showed that electronic crimes
increasing, and there is a need for more effective laws and regulations. Furthermore, the
study found that the Palestinian legislative framework requires an amendment to address
the gaps in electronic evidence admissibility and to increase the efficiency of the criminal
justice system in handling electronic crime cases. In conclusion, this study sheds light on
the importance of digital evidence in establishing electronic crimes in criminal cases,
particularly in Palestine. The study recommends the adoption of legislative amendments
to regulate electronic evidence in a manner that is compatible with technological
advancements. These amendments should cover all electronic crimes and allow for the
admissibility of electronic evidence in court proceedings. Such changes are necessary to
ensure the effective handling of electronic crime cases and to deter perpetrators from
engaging in such criminal activities. |
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