Screenshots and electronic evidence before the investigating judge in Iraq

In briefIraqi criminal courts decide on the conviction they form from the evidence under article 213 of the Criminal Procedure Code, including expert reports and circumstantial evidence. The investigating judge may appoint an expert to examine a phone under article 69 and order production of useful items under article 74. Article 13 of the Electronic Transactions Law offers a yardstick for the strength of an electronic document.

The question most often asked in online cases is whether a screenshot is enough, and what happens if the other side denies the account is his. The office of Ali Barakat in al-Yarmouk, Baghdad, explains how Iraqi law treats electronic evidence at the investigation stage.

The court's conviction

Article 213 of Criminal Procedure Code No. 23 of 1971 does not limit evidence to a closed list. The court decides on the conviction it forms from confessions, testimony, investigation records, official inspection reports, expert reports, circumstantial evidence and other legally recognised evidence. A single testimony is not enough unless supported by other evidence. A screenshot on its own is circumstantial evidence, strengthened by a technical report, the testimony of someone who received the message, or an admission.

Scientific progress

Article 104 of Evidence Law No. 107 of 1979 lets the judge draw on scientific progress in deriving judicial inferences. This underpins reliance on device examination and data analysis. The Evidence Law primarily governs civil cases, but the principle guides criminal investigation too. For civil proof see Proving a right and electronic messages.

Technical expertise

Article 69 lets the investigating judge or investigator, on his own motion or at a party's request, appoint one or more experts on matters connected with the offence. If the accused denies sending the messages or claims a screenshot was fabricated, an examination of the receiving phone, and of the accused's device if seized, can show the messages' source and date and whether they were altered.

Production orders and searches

Article 74 lets the investigating judge order in writing anyone holding items or papers useful to the investigation to produce them by a set date, and to order a search if he fears non-compliance or concealment. Article 75 allows searching the accused, his home or any place in his possession if this is likely to turn up papers or devices connected with the offence. These provisions are how an accused's phone is seized or a local body is asked to produce data.

A yardstick for electronic documents

Electronic Signature and Electronic Transactions Law No. 78 of 2012 was written for transactions and, in article 3, excludes court procedures themselves. Yet its article 13 sets conditions for an electronic document's force that work as a practical yardstick: the information can be stored and retrieved; it stays in the form in which it was created or sent without alteration; and it shows who created and received it and the date and time of sending and receipt. Article 14 gives a copy the status of an original where it matches and carries those details.

Preserving evidence

Screenshots should show the account name or number, profile link, date and time, not just the message text. Export the full chat from the app where possible. Keep the original phone without deleting or resetting it, since that is what the expert examines. Copy links into a text file with the date copied, and keep a copy of all of it off the phone, on email or external storage. If others received the same messages, note their names so they can be heard as witnesses under article 58, which opens the investigation with the complainant's statement, then the victim and witnesses.

What weakens evidence

A cropped screenshot without the account name, a chat forwarded to another phone so that its source is lost, a phone reset before examination, or an audio clip edited to shorten it. Each opens the door to challenging the evidence. Showing the phone to the investigating judge at the first appearance and asking for the messages to be described in the record helps, since official records are among the evidence article 213 names expressly. On filing the complaint, see Police station or investigating judge.

Legal basis and sources

Frequently asked questions

Is a screenshot enough for a conviction?

It is circumstantial evidence the court weighs under article 213, strengthened by expertise, testimony or admission.

What if the accused says the messages were faked?

Ask for an expert to examine the devices under article 69 of the Criminal Procedure Code.

Should I hand my phone to the investigation?

The phone that received the messages is the strongest evidence; keep it untouched until the judge decides on examination.

Always check the text in force and its amendments in the official source.

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Electronic Evidence before the Investigating Court