Electronic Evidence in Criminal Proceedings

Abstract

The second chapter (“Electronic Evidence in Criminal Proceedings”) also addresses the issue of electronic evidence. The need for the proper evaluation of electronic evidence in criminal proceedings arises in the context of cybercrime investigations. The latter offenses are generally characterized by the fact that they tend to leave intangible traces, the proper collection, presentation, verification and assessment of which becomes crucial for establishing the truth in criminal cases. It should be noted that the characteristics of this type of evidence, such as its ease of alteration and the difficulty of detecting such alterations, make it necessary to seek criteria that can be used to establish its reliability. Therefore, a coherent approach to electronic evidence which includes the establishment of a harmonized and consistent framework for the handling of electronic data becomes important. On the one hand, the general criteria for evaluating evidence in criminal proceedings are important; on the other hand, due to its specific nature, electronic evidence may also be subject to additional requirements to establish its reliability. High-quality evidentiary activities related to obtaining, presenting, verifying and evaluating electronic evidence have an impact on the cost-effectiveness and speed of criminal proceedings, as well as on effective international (EU) cooperation in cybercrime cases. Therefore, establishing a coherent approach to electronic evidence becomes relevant at both the national and international (EU) level.