Digital Evidence as a Means of Proof in Criminal Proceedings in the UAE

Background: This paper addresses key issues related to the admissibility of digital evidence—a pivotal concern in modern legal proceedings. The use of such evidence is fraught with challenges, particularly due to the rapid technological changes and heightened concerns surrounding electronic data privacy. In the criminal justice system, these challenges can impact the admissibility of evidence, its presentation in trial, and the charging and resolution of cases. This study examines the difficulties of admitting digital proof before the UAE judiciary. Considering the trend towards the digital world as an alternative to the tangible world, interest is increasing in the extent of the authenticity and strength of the means of technical storage of information in proof, the importance of the authenticity of computer extracts, and the extent to which the legal system of proof can accommodate these new types of means of proving. The study concludes that, despite the difficulty in obtaining digital evidence and the necessity of providing certain conditions required for its acceptance, it often enjoys a higher degree of credibility than traditional forms of evidence due to its accuracy and scientific and technical nature. This article seeks to address these challenges and explore potential solutions. Methods: This paper adopts a legal-analytical methodology focused on the UAE's legal framework. It employs a descriptive-analytical approach, utilising content analysis to analyse legal texts. Specifically, it reviews the position of the UAE legislator on the use of electronic evidence and analyses the perspectives of legal scholars and judicial rulings related to the validity of electronic evidence in criminal proceedings. Results and Conclusions: The analysis and comparison of relevant legal frameworks yielded several findings. Foremost, among these is the need for the judiciary to adapt to digital and electronic evidence, recognising its standalone evidentiary value—provided that the conditions of certainty, legitimacy, and integrity are met. Such evidence must also be subject to oral examination and accessible to all parties. Particular attention is paid to the Federal Decree Law No. (34) of 2021 on Combating Rumours and Cybercrimes, which affirms the validity of digital evidence in criminal proof by explicitly defining and recognising its probative value under Article 65. The study concludes that digital evidence has characteristics that distinguish it from physical evidence, and current procedural rules do not adequately regulate its proper treatment; it is currently considered a form of documentary evidence.