The Evidentiary Value of Digital Evidence in Criminal Proceedings

Abstract

The rapid development of information and communication technologies has led to profound transformations, which have been clearly reflected in legal systems, particularly in the field of judicial evidence in criminal proceedings. Many human actions and behaviors have shifted from their traditional physical framework to a digital environment that relies on computers and electronic networks. This shift has resulted in the emergence of new types of evidence that were unknown under traditional rules of proof, most notably what is known as digital evidence. Defining the concept of digital evidence is considered one of the fundamental issues in contemporary legal studies, as clarity of definition constitutes the foundation upon which the rules governing the evidentiary value of this type of evidence and the conditions for its admissibility before the courts are built. The absence of a precise definition may lead to inconsistency in judicial application and open the door to divergent assessments among courts, which may ultimately undermine the principle of legal certainty. Legal scholars have emphasized that defining evidence is the first step toward understanding its legal nature and its function in the process of proof