Means of Proof in Cybercrimes: A Comparative Study with Application to the Yemeni Context

Abstract

This study examines "Means of Proof in Cybercrimes: A Comparative Study of the Yemeni Context", digital evidence in cybercrimes through a comparative analysis of the Yemeni context, aiming to reveal the legal nature of digital evidence and its technical characteristics (immutability, manipulability, difficulty of destruction), along with its types, admissibility conditions, and probative value. The core problem lies in the disparity between evolving digital evidentiary techniques and the inability of traditional legal and procedural frameworks to accommodate them, acutely manifested in the Yemeni judicial system, which suffers from legislative vacuum, technical deficiencies, and weak infrastructure. Employing analytical and comparative methodologies, the study concludes that effective digital evidence requires precise controls (legality, evidence integrity, chain of custody, forensic expertise), with key recommendations including: enacting specialized Yemeni legislation, establishing digital forensic laboratories, forming specialized judicial chambers, and harmonizing national legislation with international standards such as the Budapest Convention.