What are the clues and evidence in harassment cases?

What are the clues and evidence in harassment cases?

Disclaimer: This is a legal article that provides information that does not replace consulting a competent lawyer to help you and for more accurate information.

In harassment cases, the incident must first be included in the definition of the crime contained in Article 1 of the Anti-Harassment Crime Law, which states:

“The crime of harassment, for the purpose of applying the provisions of this system, means any word, action or gesture with a sexual connotation, issued by a person towards any other person, that affects his body or honor, or offends his modesty, by any means, including modern technical means.”

Means of proof and evidence that may be presented in the case include the following:

• Digital evidence: such as correspondence or electronic content related to the incident that is stored in a digital medium. Article Fifty-Five of the Evidence System stipulates that:

Proof by digital evidence shall have the same provision as proof by writing in this system

Digital evidence shall be submitted in its original form or by another digital means. Article 60 of the Evidence Law states:

Digital evidence shall be submitted in its original form, or by any other digital means, and the court may request that its content be submitted in writing, provided that its nature permits

If the submission is extracted from digital evidence, its validity is linked to its conformity with its digital record, according to Article 63 of the Evidence Law:

Extracts from the digital directory shall have the validity assigned to the directory itself, to the extent that the extracts are identical to their digital record

• Witness testimony: someone who witnessed the statement, action, or reference in question, or has productive testimony about the incident. According to Article 72 of the Evidence Law, the person requesting proof by testimony must specify the facts to be proven, the number of witnesses, and their names. The court may summon whomever it deems necessary to hear his testimony to reveal the truth.
• Inspection and physical evidence: If the nature of the incident leaves traces or is related to a specific place, an inspection may be conducted. Article 79 of the Code of Criminal Procedure stipulates that the investigator shall, if necessary, travel to the crime scene to conduct an inspection before the landmarks are removed or obliterated. Article 54 of the Executive Regulations of the Criminal Procedure Code also stipulates that the investigator or his representative shall inspect the premises and assign forensic experts to search for antiquities, examine clothing and other items, remove antiquities, take photographs, and other matters related to the work of forensic experts.
• Judicial and scientific evidence: Evidence is not necessarily direct evidence of an act, but rather a fact or a fixed circumstance from which something can be deduced to support the proof of the fact. According to Article 85 of the Evidence Law:

The court may derive other evidence to prove this, in cases where proof is permissible by testimony, provided that its evidence is clear

The same text also allows the court to use scientific means to derive evidence. Supreme Court Circular No. (13/T/7901) of 1442 AH confirms the possibility of relying on evidence in criminal cases when the court has formed its conviction in accordance with Sharia and regulatory provisions.

• Regulated means of communication: Messages, conversations, and means of communication are inviolable, and may not be viewed or monitored except in accordance with regulatory controls. Article 56 of the Code of Criminal Procedure stipulates this, while Article 57 authorizes the Public Prosecutor to issue a reasoned, time-bound order to seize messages or monitor and record telephone conversations if this would be useful in revealing the truth about a crime that has occurred.

As for the procedural rule, the provisions of the Evidence System are applied in criminal cases where there is no special provision and where it does not conflict with their nature, in accordance with Article 218 of the Criminal Procedure System. Article 2 of the Evidence System also stipulates that the facts to be proven must be related to the case, produced in it, and permissible to accept.

Conclusion: Evidence in a harassment case may be digital, testimony, inspection and material traces, evidence that the court deduces from established facts, or evidence collected by the investigating authority in accordance with regulatory procedures. It is not sufficient for there to be a material or claim separate from the incident; rather, the probative value is determined by the evidence’s connection to the incident, the possibility of verifying its validity, and the evidence presented by the court.

For law and legal consultations..Contact the office of lawyer Abdul Majeed Al Rashid.

References

• Article 1 of the Anti-Harassment Crime Law
• Article 3 of the Anti-Harassment Crime Law
• Article Two Hundred and Eighteen of the Code of Criminal Procedure
• Article Two of the Evidence Law
• Article Fifty-Five of the Evidence Law
• Article 60 of the Evidence Law
• Article Sixty-Two of the Evidence Law
• Article Sixty-Three of the Evidence Law
• Article Seventy-Two of the Evidence Law
• Article Eighty-Five of the Evidence Law
• Article Seventy-Nine of the Code of Criminal Procedure
• Article Fifty-Six of the Code of Criminal Procedure
• Article Fifty-Seven of the Code of Criminal Procedure
• Circular No. (13/T/7901) of 1442