Proof With Digital Evidence Between Privacy Guarantees and Authenticity Requirements: A Fundamental Study in Light of the Algerian Code of Criminal Procedure

Abstract

     Digital transformation has profoundly changed the nature of crime and the methods used to commit it, which has significantly affected the rules of criminal evidence. Digital evidence, including electronic data, communications, recordings, and connection data, has become an important means of detecting crimes and establishing criminal responsibility. This study aims to examine the concept of digital criminal evidence and highlight the specific characteristics of electronic evidence, while analyzing the extent to which Algerian Code of Criminal Procedure No. 25-14 of August 3, 2025 responds to the requirements of the digital environment. The study also addresses the legality of collecting, preserving, and examining digital evidence, its evidentiary value before criminal courts, the limits of judicial discretion, and the procedural safeguards established to protect individual rights and freedoms. The study emphasizes the need to balance effective crime prevention and the use of technological developments with respect for procedural legality, privacy, and the rights of the defense. It concludes that developing digital evidence mechanisms and strengthening legal and technical safeguards are essential to ensure the reliability and admissibility of digital evidence before courts.