Invalid Digital Criminal Evidence and Its Impact on Acquittal in Blackmail Cases | Amr El-Selt

Digital evidence has become an important element in criminal proceedings, particularly in cases involving electronic blackmail and threats made through social media applications. However, the presence of a message, conversation, or digital recording does not automatically mean that the evidence is sufficient to establish guilt. Its technical integrity, source, attribution to the accused, and compliance with applicable legal procedures remain essential considerations.

In this context, a ruling attributed to the First Criminal Appeals Circuit of the Shebin El-Kom Criminal Court, in Appeal No. 1561 of 2024, involving an electronic blackmail allegation, illustrates the importance of examining digital evidence before relying on it to support a conviction.

Amr El-Selt, Lawyer before the Court of Cassation and the Supreme Administrative Court, works in the legal field. This article discusses the principal legal considerations concerning invalid digital criminal evidence and its potential impact on criminal judgments.  

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What Is Digital Criminal Evidence?

Digital criminal evidence consists of electronic information or data that may be used to prove or disprove a fact in criminal proceedings, subject to applicable legal and technical requirements.

It may take several forms, including:

• Text messages and conversations on communication applications.

• Digital photographs and video recordings.

• Emails.

• Data extracted from mobile phones and computers.

• Information associated with online accounts and communications.

• Technical reports resulting from the examination of devices and digital data.

The evidentiary value of digital material does not depend solely on its visible content. It may also depend on how it was obtained, whether it has remained intact, and whether its source and attribution can be verified.

What Happened in Appeal No. 1561 of 2024?

According to published accounts of the ruling, the case concerned allegations of electronic blackmail and threats through WhatsApp. It was considered by the First Criminal Appeals Circuit of the Shebin El-Kom Criminal Court.

The published account indicates that the court considered arguments concerning the integrity of the technical digital evidence and whether it complied with applicable legal requirements, alongside other defense arguments relating to the evidence and circumstances of the case.

The available reports state that the court overturned the first-instance conviction and entered a judgment of acquittal, also ordering the deletion of the digital recordings in dispute.

The significance of the case lies in highlighting the need for serious technical and legal examination of digital evidence. The procedures used to obtain evidence and its suitability for proving the allegations may affect the final outcome of criminal proceedings.

When citing this ruling in a legal memorandum or research paper, it is important to consult the full judgment and its reasoning rather than relying exclusively on published summaries.

Does Invalid Digital Evidence Automatically Lead to Acquittal?

Not in every case.

The invalidity or exclusion of digital evidence may weaken the prosecution’s case, particularly when that evidence forms the principal basis of the conviction and there is no other sufficient, independent evidence establishing the alleged offense.

If other lawful, valid, and sufficient evidence remains, the effect of excluding the digital material will depend on the circumstances of the case and the court’s assessment of the evidence as a whole.

It is therefore important to distinguish between two concepts:

• Invalidity of specific evidence: The evidence cannot legally be relied upon for proof.

• Insufficiency of evidence for conviction: The remaining evidence does not adequately establish the charge under the applicable legal standard.

Accordingly, the legal effect of invalid digital evidence depends on the circumstances of the case, the other evidence available, and the reasons supporting the court’s judgment.

What Requirements Affect the Evidentiary Value of Digital Evidence?

Article 11 of Egypt’s Law No. 175 of 2018 on Combating Information Technology Crimes addresses the evidentiary value of evidence obtained or extracted from electronic devices and media. It links that value to compliance with the technical requirements set out in the law’s executive regulations.

Key issues to examine when assessing digital evidence may include the following.

1. Integrity of the Evidence

It is necessary to assess whether the data has been altered, distorted, or deleted in a way that affects its content or evidentiary value. Appropriate technical methods may be required to preserve and examine the material.

2. Authenticity and Attribution

The presence of a conversation on a phone or an image of a message does not, by itself, conclusively establish who created or sent it. Technical examination may be needed to identify the source of the data and determine whether it can be attributed to the accused.

3. Lawfulness of the Method Used to Obtain It

The method by which data was collected or extracted from devices and accounts must be examined, including whether the applicable legal and procedural requirements were followed.

4. Documentation of the Examination and Extraction Process

Documentation can help establish the source of the data, how it was handled, and which technical tools were used to extract and examine it, depending on the nature of the evidence and the procedures involved.

5. Relevance to the Alleged Offense

Even if the data is authentic, it must be relevant to the matter being investigated and support the alleged connection between the accused and the conduct in question. The mere existence of electronic data does not necessarily establish guilt.

A defect in one of these areas does not automatically invalidate the evidence in every case. Its legal effect depends on the nature of the defect, the applicable provisions, and the circumstances of the proceedings.

Why Is Digital Evidence Important in Electronic Blackmail Cases?

Many electronic blackmail cases involve conversations, messages, photographs, or recordings alleged to contain threats or attempts to compel someone to act or refrain from acting.

In such cases, the content of a message should not necessarily be considered in isolation from its context. Relevant questions may include:

• Which account or telephone number sent the messages?

• Are the conversations authentic and complete?

• Are there indications that the material was altered or taken out of context?

• How does the digital material relate to the alleged offense?

• Were the legal requirements for obtaining the evidence followed?

• Is there other evidence supporting or contradicting the allegation?

These questions help distinguish between material that may lawfully be relied upon and material requiring further examination before conclusions can be drawn.

Are Screenshots Sufficient to Prove Electronic Blackmail?

There is no universal rule that screenshots are always sufficient or that they can never be used as evidence.

Screenshots may be submitted as part of the material in a case, but their evidentiary value depends on the circumstances, whether their authenticity and source can be verified, and whether other technical data or reports support them.

It is therefore important to distinguish between submitting an image of a conversation and establishing its authenticity, attribution to the relevant person, and suitability for the court’s assessment.

What Is the Role of the Defense in Challenging Digital Criminal Evidence?

Challenging digital evidence requires clear arguments connected to the facts and documents of the case.

Depending on the circumstances, the defense may raise issues such as:

• Whether an account or telephone number can be attributed to the accused.

• Whether the digital data is intact and complete.

• Whether legal and technical procedures were followed.

• Whether the technical report should be examined or the evidence reviewed by a qualified specialist, where appropriate.

• Whether the digital evidence conflicts with other evidence in the case.

• How excluding the disputed evidence affects the sufficiency of the remaining prosecution evidence.

Raising an objection to the validity of evidence does not guarantee that the objection will be accepted. The court determines the issue according to the law, the facts, and the evidence presented.

Does Invalid Digital Evidence Mean That the Alleged Incident Never Occurred?

It is important to distinguish between whether an incident occurred in fact and whether a particular item of evidence is legally suitable for proving it before a court.

A dispute may concern the integrity of the method of proof or whether the evidence can be attributed to the accused, rather than the mere existence of electronic data.

If evidence is excluded because it is invalid, the court considers the remaining evidence to determine whether it is sufficient to establish the charge. An acquittal may follow where valid and sufficient evidence is lacking, but the exclusion of a single item does not automatically produce that result in every case.

The Legal Significance of Appeal No. 1561 of 2024

The principal issue raised by the ruling attributed to the Shebin El-Kom Criminal Court is the importance of verifying the integrity of digital criminal evidence before relying on it to support a conviction, particularly in cases where electronic messages or conversations form a central part of the allegation.

The case also highlights the importance of addressing arguments concerning technical evidence, attribution to the accused, and compliance with applicable legal and technical requirements.

However, the outcome of one case should not be generalized to all electronic blackmail proceedings. Each case has its own facts, evidence, and procedures. Identifying the precise principles established by the court requires examination of the complete judgment and its reasoning.

Amr El-Selt – Lawyer before the Court of Cassation and the Supreme Administrative Court

Digital evidence cases demonstrate that criminal adjudication involves more than the presence of messages, photographs, or recordings. The integrity of the evidence, its source, the lawfulness of the method used to obtain it, and its sufficiency alongside the other evidence must also be considered.

Examining these elements is an important part of understanding the safeguards governing criminal proof, particularly in electronic blackmail cases that rely on digital data and communications.