الأدلة الرقمية المتحصلة من التفتيش الجنائي الإلکتروني (دراسة مقارنة) | ||
| مجلة الدراسات القانونية والاقتصادية | ||
| Article 5, Volume 8, Issue 2, June 2022, Pages 290-368 PDF (1.84 M) | ||
| Document Type: المقالة الأصلية | ||
| DOI: 10.21608/jdl.2022.240733 | ||
| Author | ||
| أحمد لطفي السيد مرعي | ||
| کلية الحقوق – جامعة المنصورة قسم القانون الجنائي | ||
| Abstract | ||
| Digital Evidence Obtained From Electronic Criminal Inspection, A Comparative Study" With the beginning of the third millennium, humanity entered a new stage of the development of human thought following the information revolution, so the so-called digital evidence and what is related to information or electronic crime emerged. It is a modern type of crime that has represented a dilemma for contemporary criminal policy. In fact, the problems raised by the phenomenon of information technology crimes and cybercrime are not limited to objective criminal aspects, in order to search for the possibility of applying its traditional texts to this new type of crime, but also to the criminal procedural aspects. Perhaps what prompted us to choose the criminal and procedural aspect of IT crimes as the focus of our research is the focus of most legal studies on information crimes, on taking care of the objective aspects of those crimes. The issuance of Law No. 175 of 2018 in the matter of combating information technology crimes has increased the importance of this research, as it enables us to present an evaluation view of the Egyptian combating mechanisms for these crimes as stipulated in this law, especially in its procedural aspect contained in Chapter Two of the Law entitled: Provisions and Rules of Procedure. " Accordingly, the main problem of this research emerges when it raises the question about the extent of reliance on traditional investigation procedures in detecting electronic crimes, and whether the traditional criminal procedures related to electronic searches are able to contain the specifics of this crime, without prejudice to the requirements of procedural legitimacy (Chapter I). Or the second part of this research, we have devoted it to addressing the problematic nature and authenticity of the digital evidence obtained from electronic inspection (Chapter II). | ||
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