Abstract

Objectives: This research aims to examine the challenges posed by cybercrimes to traditional criminal evidence systems, in light of the rapid development of information technologies and the complexity of methods used to commit such crimes. It also seeks to highlight the role of artificial intelligence in supporting detection, analysis, and evidentiary mechanisms, and to assess the adequacy of the legal framework governing its use through a comparative analysis between Emirati and Moroccan legislation. Methods: The study adopts a descriptive-analytical approach to analyze the legal and technical frameworks of cybercrimes and their evidentiary methods, alongside a comparative approach to identify similarities and differences between the legal regulations in the United Arab Emirates and Morocco, particularly with regard to the probative value of digital evidence and the use of modern technologies. Results: The research concludes that traditional criminal evidence tools suffer from significant limitations in dealing with digital evidence, making the use of artificial intelligence a practical necessity to enhance the effectiveness of criminal investigations. It further demonstrates that Emirati legislation has adopted a more flexible and proactive approach to regulating modern technologies, whereas Moroccan legislation still requires legislative development to keep pace with technological advancements. Conclusions: The study underscores the need to establish a clear legislative framework regulating the use of artificial intelligence in criminal evidence, to strengthen the training of judges and judicial police officers, and to enhance judicial oversight mechanisms, in a manner that ensures a balance between combating cybercrimes and protecting fundamental rights and freedoms.