Digital Criminal Evidence in Traditional Crime

Abstract

Evidence is that the crime was committed and attributed to the perpetrator and this is done through evidence that is examined and verified by the Public Prosecutor's Office in preparation for submission to the courts. Originally, different kinds of crimes may be proved by all means of evidence, except by special provision. The law confers on the criminal judge extensive power to choose the methods leading to the disclosure of the truth and to assess the evidence in order to investigate whether or not the crimes are established. Evidentiary methods have been affected by the evolution resulting from the information and technology revolution the compatibility between the evidence nature and the crime nature from which the development of a new type of evidence in line with the nature of information technology offences was generated, This is known as digital evidence, because traditional physical evidence has fallen short of the requirements for detecting crimes created. This has driven the search for a new type of evidence that is compatible with cyberspace. And this has led many evidence to legislate electronic evidence. The latter joined the list of evidence materials to support it and supplement it as a criminal means of evidence. The Digital evidence is often adopted either to establish an informational crime, or for an offence for which information means have been adopted This study examines the position of Lebanese legislators on digital evidence, particularly through Law No. 81/2018 on electronic transactions and personal data, and compares it with the experience of Egyptian legislators in the light of Law No. 175 of 2018 on combating IT crimes, addressing the latest judicial decisions issued by the Court of Cassation in Egypt.