The Freedom of the Libyan Criminal Judge in Forming his Conviction from Digital Evidence

Abstract

This study examines the freedom of the Libyan criminal judge in forming his conviction from digital evidence in cybercrime cases. With the rapid proliferation of electronic crimes and the increasing reliance on digital evidence in criminal proceedings, the role of the judge in evaluating electronic evidence has become pivotal. Digital evidence, characterized by its technical, scientific, and virtual nature, presents unique challenges to traditional evidentiary frameworks. This research adopts an inductive-rooted methodology, analyzing legal systems, jurisprudential opinions, and judicial rulings concerning digital evidence evaluation. The study explores the definition and characteristics of digital evidence, the judge's authority in accepting such evidence under different evidentiary systems (restricted vs. free systems), and the specific constraints on the Libyan judge's discretionary power. The findings indicate that while the Libyan legislator has adopted the free system of evidence, granting the judge broad discretion in evaluating digital evidence, this freedom is subject to significant procedural and substantive safeguards, including legality, causal connection, authenticity, logical consistency, and technical expertise. The study recommends specialized training for judges in digital forensics, the establishment of technical expert protocols, and the development of specialized judicial divisions for cybercrime cases.