The evidentiary value of electronic writing in proving cases in administrative litigation.

Document Type : Original Article

Author

Faculty of Law - Mansoura University

Abstract

Writing is considered a means of human expression because it contains certain contents, ideas, and concepts that are comprehensible. Writing is one of the most important means of proving legal acts and factual events. Legislators usually require its presence in administrative contracts of various forms, administrative decisions of all kinds, regulations, internal rules, and others. It holds a prominent place among the pieces of evidence due to its ease of preservation and the possibility of referring to it when needed. Writing can be either traditional or electronic, through a computer, as it is a product of information and communication technology developments, which in turn have changed the concept of writing required for evidence. Since it involves placing data in a digital form that is stored as electronic data on magnetic tapes or flexible disks, it has shifted the direction of legal thought towards modernity by adopting electronic writing and relying on it as a new method in various fields and transactions, thereby granting it a certain legal validity. This means that the purpose is achieved through electronic writing whenever the law requires writing, regardless of the purpose behind its requirement or its effects on legal transactions. This has led us to ask: What is meant by this type of writing? What are its conditions? And what legal validity is granted to it? This is what we will address in this section, dividing it into two parts: in the first, we discuss the concept of electronic writing, and in the second, the role of electronic writing in evidence.

Keywords