التكييف القانوني للمستندات الإلكترونية وحجيتها القانونية بحث مقدم لنيل درجة الماجستير في القانون العام

Abstract

This study tackles the evidence of electronic documents in Sudanese law through a preliminary chapter and three main chapters dealing with the concept of the electronic document and the illustration of legislative and legal adaptation of the electronic document, as well as binding force of the electronic document and its practical applications in courts. The importance of the study comes from attributed to the growing influence of the Internet in all aspects of everyday life. The problem of this study lies on the process of a proofing of such type of documents, which is done through electronic means in the absence of the full physical intermediary and to what extent of consideration of written in this mediator from significant writing in proofing as well as its legal binding force in addition to the extent of Evidence Act of electronic documents. It is also necessary to review the Evidence Act as well as the extent to which the of Evidence Act electronic documents. It is also necessary to review the Sudanese Evidence Act to identify the acceptance and binding force of electronic documents… development of other rules in the field of criminal procedures with the existence of international cooperation in order to provide well protection for telecommunication systems that cross many countries. The study has adopted the analytical descriptive and comparative approach by reviewing legislative texts related to Sudanese Evidence Act, cyber Crimes Act, Sudanese Electronic Transactions Act, and comparison with some legal systems according to the mentioned method. The study has concluded into many results the most important are the necessity to understand Sudanese Evidence Act for all types of electronic documents and development rules in the field of criminal proceedings. The most important recommendations are the necessity to avoid deficiencies in the provisions of the Evidence Act, Cyber Crimes Act and Electronic Transactions Act as special laws to be applied in the face of information crimes of a very complex nature.