Electronic Signature and Its Evidential Value (in the Saudi system and Sudanese law, a comparative study)

Abstract

This research is entitled (Electronic signature and its evidentiary value - in the Saudi system and Sudanese law, a comparative study) and deals with electronic signature and its evidentiary value as new and important means in life in general and in evidence in particular. It was necessary to show the importance of electronic signature due to the necessity of life, as the increase in crimes in this era has led to the loss of some rights due to the difficulty of proving them and the emergence of the professional criminal with the emergence of cybercrimes and electronic commerce. It was necessary for the legislator to put special texts for it because society needs it.  The research aims to identify the concept of electronic signature, its conditions and its validity. The researcher followed the descriptive, inferential and comparative approaches, and came out with the most important results: The electronic signature expresses the identity of its owner by issuing a certificate of authentication of the electronic signature, and represents a form of dealing through technical means, modern communication networks, information and computer devices. The electronic signature can provide the elements of trust and security, contrary to what some believe, through encryption techniques as well as through the role of certification and authentication authorities in protecting the electronic signature completely in cases of disclosure and tampering with it. As the researcher recommended, this modern evidence has imposed itself in dealing with its evidentiary force, so I recommend the competent authorities to develop this modern evidence by activating the mechanisms of control over the judge's realistic estimates, formulating procedural texts specific to organizing and using modern technologies in detecting crimes and generalizing them to serious crimes. I recommend that legislators should pay serious attention to the issue of dealing with electronic documents and documents so that they can catch up with the rapid technological development in all countries of the world.