Electronic Evidence as Proof of the Electronic Crime
Dr. Masoud bin Humaid Al-Maamari
Associate Dean and assistant Professor of Public Law – College of Law – University of Sultan Qaboos
Abstract:
This research deals with the subject of electronic evidence of cybercrime and the procedures, whether traditional or modern, of collecting this evidence. This topic is of increasing importance, as a result of the accumulated technological developments and the frantic pursuit by criminals to employ them in their crimes, as well as the emergence of new electronic fields represented by social media platforms, which poses several challenges, especially in the field of cybercrime. Cybercrime remains among the most difficult crimes when it comes to establishing criminal evidence, because of the technical and legal requirements in this area.
The aim of this research is to clarify the privacy and nature of the electronic handbook in the light of the developments witnessed by the electronic handbook, whether in the field of art or in the field of legalization and codification. It presents the position of comparative legislation and jurisprudence regarding the procedures for collecting, scrutinizing and organizing this type of evidence. The researcher has relied on descriptive and comparative methods to monitor the problems raised by this subject, analyzing the systems and applications presented by the various legislations and interpretations and indicating the gaps or shortcomings that arise.
The research found several results, including the confirmation of the technical and legal developments that are taking place on the special nature of cybercrime, which distinguish them from various crimes, both in terms of the means in which they are committed and the place where they happen, as well as in terms of the perpetrators of these crimes. Another finding was that investigating authorities continue to face many difficulties in the field of criminal evidence of electronic crimes and its procedures. Therefore, the research recommends keeping abreast of the technical development achieved by the introduction of modern means and methods to detect crimes and obtain evidence appropriate to their own nature, which will allow researchers and investigators to carry out their tasks to the fullest.
Key words: evidentiary materials, the internet, piracy, criminal evidence, criminal proof.