الدليل الرقمي في الاثبات الجنائي

Abstract

Cybercrime does not leave physical traces that can be perceived by the senses unlike traditional crimes which has become a major technical and legal challenge for proving them practically electronic evidence is considered the appropriate means for that the Algerian legislator introduced procedural legal provisions that help derive evidence consistent with the special nature of these crimes starting with the amendment of the Code of Criminal Procedure under Law No 06-22 dated December 20 2006 which provided for special methods of investigation suitable for the nature of these emerging crimes under Articles 65 bis 5 to 65 bis 18 such as interception of correspondence and audio recording among others in addition to Law 04-09 which contains special rules for the prevention and combating of crimes related to information and communication technologies and which provides preventive measures and monitoring of electronic communications where the legislator’s aim was to prevent crime before it occurs the Algerian legislator also recognized the evidential value of electronic evidence in criminal proof in general under Article 323 bis 1 of the Civil Code giving it the same value as traditional evidence with the adoption of modern procedures compatible with information and communication technologies to extract electronic evidence from the virtual environment which poses significant difficulties for investigative authorities.