حجية الدليل الرقمي في المواد الجزائية

Abstract

Digital evidence is of great importance in proving crimes in general and cybercrime in particular, as it has established itself as a modern means of proof in criminal matters due to technological development and the increasing use of electronic means. It has thus become an effective tool for detecting and proving crimes. Its evidentiary value before the criminal judge depends on compliance with legal procedures and principles during investigation and inquiry, particularly with regard to the legality of obtaining such evidence and discussing it before the court while ensuring its integrity and certainty. The Algerian legislator has recognized the legal validity of digital evidence through the regulation of electronic documents, while granting the judge the authority to assess its evidentiary value in accordance with the principle of personal conviction, provided that this does not infringe upon individuals privacy and fundamental rights.