Preliminary Procedures for Digital Crimes and the Rights of the Accused: A Comparative Study of UAE and Egyptian Legislation

Abstract

This study examines the legal protection of an accused person's rights during the preliminary stages of investigating digital crimes, comparing Emirati and Egyptian legislation. It addresses the challenges posed by digital evidence—specifically the speed required for its collection, its susceptibility to alteration or destruction, and the need to balance investigative effectiveness with the safeguarding of the accused's procedural rights. The study aims to assess the extent to which the respective legal frameworks provide procedural safeguards suited to the unique nature of digital investigations and to identify similarities, differences, and legislative gaps between them. Employing descriptive-analytical and comparative legal methodologies, the study analyzes relevant legislation and procedural rules governing arrest, search, the preservation of digital data and evidence, interrogation, and the right to counsel, while comparing the level of protection afforded to the accused in both systems. The findings reveal a convergence between Emirati and Egyptian legislation in recognizing the importance of digital evidence and the necessity of subjecting its collection to legal and judicial oversight; however, the comparison also highlights differences regarding the level of detail in regulating procedures and safeguards related to digital searches, data preservation, evidence integrity and the chain of custody, and the scope of judicial oversight. The study also revealed common gaps regarding the need for more specific rules to address the technical and evolving nature of digital evidence and to ensure the defense's ability to effectively examine and challenge it. The study’s primary contribution lies in providing a comparative analysis that links the efficiency of digital investigations with fair trial guarantees, identifying the strengths and shortcomings of both systems, thereby establishing a foundation for developing a clearer and more balanced procedural framework to protect the rights of the accused in digital crime cases.