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Dr. Rekan Rahal to "Dama": writing and electronic conversations have conditional legal authority and are subject to judicial discretion. Details: Dr. Raken Rahel, a lecturer in international law and a lawyer, explained in an interview with the Dumma news network that Syrian legislation recognizes the legal validity of electronic writing according to specific conditions, which indicates that it may constitute evidence or presumption to prove rights without accepting it absolutely in all cases. Rachel confirmed that the Electronic Transactions Law No. 3 of 2014 gives correspondence and digital data the fixed authenticity of writing on paper whenever they meet the conditions, which indicates that they can be considered judicial evidence or the principle of written proof based on its content, its circumstances and the possibility of attributing it to a person, without necessity. Explain that the evidentiary value varies according to the type of dispute; In civil cases, it constitutes a presumption or principle of proof, and is characterized by greater flexibility in commercial cases, while being subject to the discretion of the court in criminal cases in accordance with Section 41 of the Information Crimes Law No. 20 of 2022, while requiring safety from harm. He warned that the screenshot alone is not sufficient as conclusive evidence due to its ease of alteration and the difficulty of verifying the identity of the sender, and explained that proof requires examining the original device and the context, sequence and data of the conversation with the help of technical expertise. He noted that conversations through social media applications may be sufficient to prove obligations if they include explicit and clear recognition of the obligation, its amount and duration, with its percentage, meaning and adequacy subject to the discretion of the court and the governing legal rules. He touched on the issue of recording conversations, pointing out that Section 23 of the Information Crimes Law criminalizes certain forms of recording and photographing without the person's consent, and emphasized that the possession of a recording that is beneficial to the right does not legally justify its receipt by illegal means, and the legality of the evidence is examined regardless of its value. Advice for those interested in asserting their rights to preserve the device and the original content without erasing or changing, avoiding the manufacturer's settings and not being satisfied with printed screenshots, while consulting with a lawyer or an authorized authority in order to ensure the correctness of submitting the digital evidence.

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شبكة شام الإخبارية · · Source

🇸🇾 Syria · Map

Dr. Rekan Rahal to "Dama": writing and electronic conversations have conditional legal authority and are subject to judicial discretion. Details: Dr. Raken Rahel, a lecturer in international law and a lawyer, explained in an interview with the Dumma news network that Syrian legislation recognizes the legal validity of electronic writing according to specific conditions, which indicates that it may constitute evidence or presumption to prove rights without accepting it absolutely in all cases. Rachel confirmed that the Electronic Transactions Law No. 3 of 2014 gives correspondence and digital data the fixed authenticity of writing on paper whenever they meet the conditions, which indicates that they can be considered judicial evidence or the principle of written proof based on its content, its circumstances and the possibility of attributing it to a person, without necessity. Explain that the evidentiary value varies according to the type of dispute; In civil cases, it constitutes a presumption or principle of proof, and is characterized by greater flexibility in commercial cases, while being subject to the discretion of the court in criminal cases in accordance with Section 41 of the Information Crimes Law No. 20 of 2022, while requiring safety from harm. He warned that the screenshot alone is not sufficient as conclusive evidence due to its ease of alteration and the difficulty of verifying the identity of the sender, and explained that proof requires examining the original device and the context, sequence and data of the conversation with the help of technical expertise. He noted that conversations through social media applications may be sufficient to prove obligations if they include explicit and clear recognition of the obligation, its amount and duration, with its percentage, meaning and adequacy subject to the discretion of the court and the governing legal rules. He touched on the issue of recording conversations, pointing out that Section 23 of the Information Crimes Law criminalizes certain forms of recording and photographing without the person's consent, and emphasized that the possession of a recording that is beneficial to the right does not legally justify its receipt by illegal means, and the legality of the evidence is examined regardless of its value. Advice for those interested in asserting their rights to preserve the device and the original content without erasing or changing, avoiding the manufacturer's settings and not being satisfied with printed screenshots, while consulting with a lawyer or an authorized authority in order to ensure the correctness of submitting the digital evidence.

Dr. Rekan Rahal to "Dama": writing and electronic conversations have conditional legal authority and are subject to judicial discretion. Details: Dr. Raken Rahel, a lecturer in international law and a lawyer, explained in an interview with the Dumma news network that Syrian legislation recognizes the legal validity of electronic writing according to specific conditions, which indicates that it may constitute evidence or presumption to prove rights without accepting it absolutely in all cases. Rachel confirmed that the Electronic Transactions Law No. 3 of 2014 gives correspondence and digital data the fixed authenticity of writing on paper whenever they meet the conditions, which indicates that they can be considered judicial evidence or the principle of written proof based on its content, its circumstances and the possibility of attributing it to a person, without necessity. Explain that the evidentiary value varies according to the type of dispute; In civil cases, it constitutes a presumption or principle of proof, and is characterized by greater flexibility in commercial cases, while being subject to the discretion of the court in criminal cases in accordance with Section 41 of the Information Crimes Law No. 20 of 2022, while requiring safety from harm. He warned that the screenshot alone is not sufficient as conclusive evidence due to its ease of alteration and the difficulty of verifying the identity of the sender, and explained that proof requires examining the original device and the context, sequence and data of the conversation with the help of technical expertise. He noted that conversations through social media applications may be sufficient to prove obligations if they include explicit and clear recognition of the obligation, its amount and duration, with its percentage, meaning and adequacy subject to the discretion of the court and the governing legal rules. He touched on the issue of recording conversations, pointing out that Section 23 of the Information Crimes Law criminalizes certain forms of recording and photographing without the person's consent, and emphasized that the possession of a recording that is beneficial to the right does not legally justify its receipt by illegal means, and the legality of the evidence is examined regardless of its value. Advice for those interested in asserting their rights to preserve the device and the original content without erasing or changing, avoiding the manufacturer's settings and not being satisfied with printed screenshots, while consulting with a lawyer or an authorized authority in order to ensure the correctness of submitting the digital evidence.

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