Background The basis for criminal trials is the judge’s conviction of the evidence presented in a case. His belief is based on the context or evidence he is satisfactory with and understands. However, the law may establish certain evidence for the judge to adhere to. This study aims to identify the extent of the authenticity and strength of digital or electronic evidence in criminal trials, by identifying legislative trends in the various legal systems, and examining what legal jurists have done to determine the extent of the authenticity of the electronic evidence of cybercrimes. Results This study will research the legitimacy of electronic evidence and the conditions for its verification, the extent of the authenticity of electronic evidence found during an investigation, the difficulties of obtaining electronic evidence that can be presented before the courts, and the extent of a presiding judge’s freedom to determine if electronic materials presented in court should be used as evidence. Conclusions Two conditions must be met: first, the electronic evidence must be legally obtained based on written permission from the competent investigation authorities; second, it must be verified as valid by computer science and information technology experts. If those two conditions are not met, the evidence is invalid. The study gives reason to talk about the need for the adoption of international agreements on cooperation in the development and exchange of computer and information technologies, aimed at preserving electronic evidence from destruction and oblige countries to implement and comply with these agreements.

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This study focuses on the procedural necessity of primary investigations, since necessity is a common legal term and constitutes a theory in some branches of law. Procedural necessity has sparked controversy and debate about its legitimacy, and its subjectivity in the criminal procedure law in many Arab countries in the preliminary investigation work. Defining its scope, conditions, and nature can be especially challenging. This study shows the position of the Arab procedural legislation and judiciary systems regarding procedural necessity in the primary investigation work in various legal systems, especially in Egypt. Based on the assessment of the existing legislative regulation in Arab countries, the study gives grounds to talk about the inadmissibility of expanding the discretionary powers of the authorities associated with circumstances excluding the crime of an act, as this can create preconditions for abuse of officials and limit the existing individual rights and freedoms of citizens.