The impact of digital evidence considering technological development on criminal trials - a comparative study

Abstract

The world is witnessing an unprecedented technological transformation that has profoundly affected criminal justice systems, particularly in the field of criminal evidence. Traditional forms of evidence are no longer sufficient to address modern patterns of crime associated with advanced technologies. In this context, digital evidence has emerged as a central tool in uncovering the truth, due to its capacity to document criminal activities committed through or related to electronic means. Such evidence includes data stored on computers and smartphones, emails, digital communications, and electronic recordings, as well as advanced forms of digital evidence such as voiceprints, facial recognition technologies, and artificial intelligence algorithms, all of which raise significant legal and technical challenges before criminal courts.

The research problem centers on the extent to which digital evidence is admissible before criminal courts, the limits of its evidentiary value in forming the criminal judge’s conviction, and its adequacy in achieving criminal justice while safeguarding the rights of the accused, particularly the right to defense and the protection of privacy. Accordingly, this study aims to analyze the legal nature and characteristics of digital evidence, while examining the legislative and judicial approaches in Saudi Arabia, Egypt, France, and the United States, as representative models of major legal systems.

The study adopts an analytical and comparative methodology by addressing the general concept of digital evidence, tracing its evolution from traditional to advanced forms, and analyzing comparative legislative frameworks and judicial practices. It also discusses the practical challenges related to verifying the authenticity of digital evidence and the risks of manipulation. The study concludes that, despite its critical importance, digital evidence continues to raise complex legal and technical issues, necessitating the enactment of specific procedural rules governing advanced digital evidence to ensure a balance between the effectiveness of criminal justice and the protection of fundamental rights and freedoms.