Inspection Permission in Electronic Circles

Abstract

             The  Libyan legislature did not expressly stipulate the permissibility of inspection  in electronic media and the acceptance of digital evidence extracted  from it ,however, according to the Libyan code of criminal procedure ,it can be accepted because it is useful in revealing the truth similar to physical evidence ,bearing in mind that the search is carried out in accordance with the controls stipulated by the legislator when searching for  physical evidence ,the most prominent of which -in the search of  places-is  obtaining  permission ,and if the inspector encounters ,upon inspection ,a problem of entanglement of the devices, then the matter differs according to whether the devices are within the scope of the state ,and if it is outside the scope of the state ,then the matter is governed by international agreements ,as for the personal search ,what usually happens in the search of mobile phones in the possession of person ,they often contain secrets and messages related to the accused and others ,which is considered a violation of sanctity of private life and the confidentiality of correspondence that the legislator was keen to ensure their protection in various laws ,which requires the intervention of the legislator to surround them with sufficient guarantees when searching personally ,provisions for the inspection of regular mail ,if the inspection is carried out by the service provider ,the matter requires obtaining permission from the partial judge ,this is what the legislator also  requires when intercepting correspondence ,bearing in mind that the search warrant is limited to correspondence between those  involved ,whenever  possible