إثبات الجريمة الإلكترونية بالدليل الرقمي وفق التشريع الجزائري

Abstract

Due to technological development and the information revolution, electronic crimes have been committed as a result of the misuse of technology and electronic communication means. The Algerian legislator has organized provisions for the prevention of these emerging crimes, especially by criminalizing attacks targeting automated data processing systems in Law 09-04, which includes special rules for the prevention and combat of crimes related to information technology and communication, as well as laws that address the punitive and criminal aspects. However, in this research, we focused on the uniqueness of electronic crime as being difficult to prove, The perpetrator may escape punishment unless convicted based on convincing digital evidence, according to the free proof system established by the Algerian legislator. This system adopts various modern methods for detecting electronic crime, with the possibility of using some traditional methods when suitable for this modern, transnational type of crime.