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The Legitimacy of Criminal Evidence Obtained Through Modern Technological Means | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Article 16, Volume 17, Issue: 1 part 1, March 2026, Pages 345-364 PDF (747.34 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.63677/jqlap.2025.166351.1471 | ||
| Author | ||
| Israa Hamid Gharib Al-Hamdani* | ||
| University of Fallujah/ College of Administration and Economics | ||
| Abstract | ||
| The research addresses the legitimacy of criminal evidence obtained through modern technological means, highlighting the changes brought about by the technological revolution in the nature of crimes and the methods of committing them, as well as the challenges faced by judicial authorities in collecting and proving evidence. The study indicates that cybercrimes possess unique characteristics related to the subject matter and the electronic tools used, necessitating the development of evidence collection methods compatible with the nature of these means. The study emphasizes that the legitimacy of electronic evidence depends on adherence to legal and legislative regulations, as well as the protection of individual rights and freedoms, while granting judges the discretion to assess evidence based on rational and objective principles. It also highlights the role of the judge in forming conviction based on sound and clear evidence, without relying on personal knowledge, while respecting the principles of justice and the right to defense. The research further addresses the importance of specialized training for experts handling technological evidence, and the application of search and data preservation methods that ensure the integrity and authenticity of digital evidence. It concludes on the necessity for criminal legislation to keep pace with technological developments to ensure the effectiveness of the judicial system in combating modern crimes and achieving justice. The study underscores that the lawful and deliberate use of modern technologies achieves a balance between the efficiency of criminal investigation and the protection of individual rights, | ||
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