In light of rapid technological advancements and the digital transformation witnessed by the Kingdom of Saudi Arabia in recent years, the need for modern and reliable means of proof in courts has become increasingly crucial.
In this context, electronic evidence emerges as an effective tool for presenting digital documents and evidence within the Saudi legal landscape. This development reflects the growing need for information and communication technologies to achieve justice and facilitate legal procedures.
The Concept of Electronic Evidence in Saudi Arabia
The concept of electronic evidence has been adopted in Saudi Arabia as part of efforts to modernize the legal system and keep pace with modern technological developments. This shift has led to the development of laws and policies aimed at regulating and encouraging the use of electronic technologies in proving facts and facilitating legal procedures.
Articles 53 and 60 of the Evidence System and Article 64 of the Procedural Evidence of the Evidence System define digital evidence in Saudi Arabia as any evidence derived from any data generated, issued, received, stored, or notified by an electronic instrument, which can be retrieved or obtained in an understandable manner.
Article 54 of the Evidence System further specifies that digital evidence includes:
Electronic documents
Digital records
Digital signatures
Digital messages, including email
Means of communication
Digital media
Weight of Digital Evidence in Electronic Evidence in Saudi Arabia
Article 56 of the Evidence System states that digital evidence has evidentiary weight if the digital evidence is used by a public official or a person entrusted with a public service to prove what has been done by him or what he has received from the parties concerned, in accordance with the regulatory provisions, and within the limits of his authority and competence, including what is issued automatically from the digital systems of public authorities or entities entrusted with a public service.
Unofficial digital evidence is also considered evidence against its parties - unless the contrary is proven - in the following cases:
If it is issued in accordance with the Electronic Transactions System or the E-commerce System.
If it is derived from a digital means stipulated in the contract in dispute.
If it is derived from a documented or publicly available digital means.
In the event that none of the aforementioned cases are met, the digital evidence has the weight of an ordinary document.
How to Use Electronic Evidence in Saudi Courts
A party relying on digital evidence derived from a digital means stipulated in the contract in dispute or any means generally available for use, or any means licensed by the competent authority for use by the parties to the contract, must provide evidence of this.
The following must also be attached to digital evidence when presented to the competent court:
A statement of the type of digital evidence.
A statement of the content of the evidence, and a copy thereof if its nature so permits.
It is worth noting that the court may request the presentation of the content of the digital evidence in writing if its nature so permits.
In the event of a dispute by the opponent, the digital evidence is presented as follows:
In its original form, if the court is able to view it directly.
By other digital means, if a copy is provided, including its submission in digital media.
Controls for Verifying the Authenticity of Electronic Evidence in Saudi Arabia
The burden of proof of the opponent who claims that the digital evidence is invalid is to prove his claim, which means proving forgery or proving the contrary of its content.
Also, if either of the parties refrains from providing what the court has requested to verify the validity of the digital evidence without a valid excuse, he loses his right to rely on it or to consider it as evidence against him, as the case may be.
In addition, in the event of a dispute by the opponent as to the validity of the extract from the digital evidence, it must be matched against its digital record, and the extracts from the digital evidence have the weight of the evidence itself, to the extent that the extracts are consistent with its digital record.
In the event that it is impossible to verify the validity of the digital evidence due to a reason not attributable to the parties, the court shall assess its weight according to the circumstances of the case.
Electronic Evidence Procedures and Controls
Saudi Arabia has implemented robust procedures and controls to govern the use of electronic evidence, ensuring its integrity and adherence to legal principles. These measures encompass:
Compliance with Evidence System Regulations: Electronic evidence procedures must align with the requirements and deadlines stipulated in the Evidence System and related regulations.
Authorized Electronic Systems: The submission and processing of electronic evidence must occur through approved electronic systems, ensuring data security and traceability.
Personal Accounts and Access: Parties involved in electronic evidence procedures must utilize their registered personal accounts within the approved electronic systems.
National Unified Access Service Verification: The National Unified Access Service or other approved electronic verification means are employed to authenticate and validate electronic evidence procedures.
Adherence to Established Procedures: In cases where specific procedures are not explicitly outlined, the court may rely on established principles and precedents to ensure a fair and just evaluation of electronic evidence.
Electronic Evidence for Writing, Testimony, and Expertise
Electronic evidence encompasses various forms of proof, including:
Writing: Electronic documents, whether official or ordinary, must be presented in their complete, clear, and original form, adhering to the approved electronic procedures.
Testimony: Witness statements can be presented electronically, ensuring the parties' right to hear the testimony directly and pose questions through approved means.
Expertise: Experts can conduct their assessments and present their reports electronically, utilizing approved systems to access relevant documents and engage with the parties involved.
Conclusion
The adoption of electronic evidence in Saudi Arabia marks a significant step towards a more efficient, transparent, and just legal system.
By leveraging technology, the Kingdom is streamlining court procedures, enhancing the credibility of evidence, and promoting trust in the administration of justice.
As Saudi Arabia continues to embrace digital transformation, electronic evidence is poised to play an even more prominent role in shaping the future of the legal landscape.
Investing in robust digital infrastructure, developing comprehensive policies, and fostering a culture of digital literacy will further strengthen the Kingdom's commitment to upholding justice and ensuring the rights of all its citizens.
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