SECTION 13. DIGITAL EVIDENCE IN CRIMINAL JUSTICE: CHALLENGES OF UTILIZATION

Анотація

Our society global digitalization, digital technologies, such as computers, mobile devices, social networks and cloud services, etc., widespread use, including for criminal purposes, has led to a rapid increase in the number of digital traces left behind by various types of criminal offenses.The full-scale invasion of Russia exposed these problems further and became a significant factor in demonstrating the importance of digital evidence in criminal proceedings.Pre-trial investigations in the temporarily occupied territories are carried out mostly remotely, so evidence is collected using remote, mostly digital methods.Both war crimes and other ones leave not only material and ideal traces, which are more traditional for forensics, but also a significant amount of digital traces.These include geolocation data and IP addresses, telephone conversations and other electronic communications records, including email correspondence, audio, video, and photo materials, network traffic, various types of social media activity, and other digital information used to document such activity, as well as data from streaming services.In addition, when investigating cybercrime, "traditional" physical ("paper") evidence may not be available at all.However, there are no tactical and methodological guidelines for the search, collection and analysis of this type of traces, which is unacceptable given the need for further judicial perspective and evaluation of such evidence by the court.On the one hand, the existence of digital traces simplifies investigations and greatly assists law enforcement agencies in detecting and solving criminal offences.For example, modern hardware, software, and scientific and technological developments provide the means for collecting, analysing, and interpreting large amounts of digital data, which makes it possible to obtain evidence that used once to be virtually impossible to identify and examine.However, on the other hand, digital information growing use during criminal offenses investigation poses new challenges and problems for scholars and practitioners that need to be addressed immediately, including: fragmentation of such information use, legislative regulation in legal proceedings; uniform approaches lack as to ensuring their reliability and admissibility; the importance of human constitutional rights and freedoms non-violation while obtaining and using such information, etc.

Класифікація

Ідентифікатори

Схожі роботи