Volume 20 No 13 (2022)
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The Criminal Judge’s Power in the Assessment & Acceptance of the Electronic Evidence
DR. ABDUL AL GHANI QASSEM MOTHANA AL SHUAIBI
Abstract
The Scientific and technological development has always had undeniable effects on criminal law, in particular when it is related to criminal proof theory. The main pillar of this theory is based on the principle of freedom of proof to allow a wide use of scientific evidence. Therefore, criminal proof based on electronic evidence is one of the most prominent developments of the modern era in all legal systems, which moves in accordance with the current scientific and technical revolution, where criminal thought has also strongly developed. Cybercrime is one of these developments where it is inappropriate to rely on traditional systems and rules in proving these crimes. The situation has necessitated reliance on evidence that is compatible with the nature of these crimes, which is electronic evidence. However, such use is also considered as a real challenge when it affects some of the procedural guarantees that are strongly related the fair trial. To what extent does freedom of proof allow resorting to modern scientific means in proof and what is the authority of the criminal judge in assessing and accepting electronic evidence, and this matter is related to the extent and the limits of the freedom of the criminal judge in this area.
Keywords
Criminal judge, self-conviction, electronic evidence, Assessment of evidence, acceptance of evidence.
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