The Role of the Criminal Judge in Evaluating Electronic Evidence in Libyan Legislation

Abstract

This research examines the “Role of the Criminal Judge in Evaluating Electronic Evidence in Libyan Legislation,” highlighting the legal and technical challenges posed by this modern type of evidence. The study addresses a fundamental problem: the extent to which a criminal judge can exercise discretionary power (the principle of intimate conviction) in the face of the complex technical nature of digital evidence, and whether the judge possesses actual authority to scrutinize this evidence independently of the dominant technical opinion of the expert.
The research concludes that electronic evidence derives its legal validity in Libya from general rules of evidence (Article 275 of the Criminal Procedure Code) and the implicit recognition in Law No, The study demonstrates that the judge’s discretionary power is no longer absolute when dealing with scientific evidence; the judge is bound by the technical certainty provided by the expert in purely technical matters, making expertise a fundamental partner in forming the court's conviction. The research ends with several recommendations, most notably the need for legislative intervention to explicitly state the validity of digital evidence and to codify procedures for its seizure and preservation to ensure the integrity of the digital “Chain of Custody.”