Abstract

This research examines the evolution of means of proof from paper documents to electronic documents and electronic signatures as a result of the technological revolution. The Mauritanian legislator, in Law No. 2018-022 on Electronic Transactions, recognized the electronic document and granted it probative force, provided that it meets the conditions of validity and preservation in order to benefit from penal protection. Validity conditions include: clarity of content, integrity of data against alteration, and attribution to its source through an electronic signature. The law defines it as "electronic data attached to other data for the purpose of identification". In Article 84, the legislator equated a secure electronic signature with a handwritten signature. Preservation conditions include: easy access to data, storing it in the same form in which it was sent without modification, and preserving data on the source, destination, and date for a period of 5 years in accordance with Article 81. Article 80 also allows electronic copies to be admitted as evidence if their conformity is proven. The research also addressed the forms of assaults that may target electronic documents and explained their elements: Material element: Consists of "introducing, modifying, distorting, erasing, or deleting computer data" with the aim of producing non-authentic data. It includes two forms: creating a false document or altering the content of a genuine document. Article 13 requires that harm occurs for the crime to be established. Mental element: Consists of general and specific criminal intent, i.e., the perpetrator’s intention to alter the truth and to use the forged document. Conclusion: The study concludes that the Mauritanian legislator has established a legal framework to protect electronic documents and grant them probative force, while criminalizing assaults on them to ensure trust in electronic transactions. However, the effectiveness of these provisions remains linked to their ability to keep pace with technological developments.

Keywords

Electronic Document, Electronic Signature, Cybercrime, Forgery, Mauritanian Law No. 2018-022, Law No. 2016-007