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Digital evidence in criminal proceedings: Challenges and solutions
Digitalni dokazi u krivičnom postupku - izazovi i rešenja
Matijašević, Jelena
Bingulac, Nenad
Marinković, Darko
ABSTRACT: Following the general trend of the technical-technological progress in society, where technology is increasingly important in everyday life, states and public authorities on all continents strive to facilitate the exercise and protection of the rights of their citizens, and to remove bureaucratic barriers that previously existed and were a common accompaniment appearance of the administrative procedure. As an expression of such an aspiration, but also as a necessary consequence of the technical progress, many countries are introducing a system of electronic public administration. Following this trend, our legislator also establishes a system of electronic public administration, with which he tries to facilitate the exercise of citizens’ rights, but also to improve the image that citizens have of a public administration, previously known for its sluggishness and inefficiency. The introduction of electronic administration into the domestic legal system, on the other hand, was done without a sufficient preparation, and it was not realized without certain difficulties, both at the normative level as well as at the level of the implementation of various normative solutions. This paper presents the legal regulations, i.e. the normative framework regulating the introduction and functioning of electronic administration in Republic of Serbia.
APSTAKT:In the last decade, digital evidence in criminal proceedings has become a key tool in modern forensic investigation, with the help of which it is possible to identify, analyze and verify information that can be crucial for making a decision in court proceedings. Digital data, through the perception of various forms of electronic records, are increasingly becoming the basic evidence in criminal cases, and because of this, no distinction is made between existing material evidence and modern digital evidence. In this research, the importance of digital evidence, its advantages and challenges in collection and processing, as well as the legal and ethical aspects of its use in criminal proceedings were pointed out and indicated. The importance of the methodological approach in the forensic analysis of digital evidence was also pointed out, all in order to achieve the admissibility of digital evidence before a criminal court. The challenges and opportunities presented by this evidence are drawn throughout the research and pointed out. The hypothesis of this research is contained in its title and refers precisely to controversial issues and the legislative application of digital evidence in criminal proceedings. The aim of the work is to consider this topic by looking at the new regulation and directive that have been passed and will only be adopted in 2026, but in principle to consider the issue of digital evidence through practice because this topic remains crucial for the further development of the judicial system in the digital age. During the writing of this research, an analytical method was used in order to consider the legislation of the European Union, and make a comparison with the domestic legislation. Then, the normative method was used when considering the criminal procedure and defining digital evidence, and certainly the deductive method was also used.
engleski
2024
Ovo delo je licencirano pod uslovima licence
Creative Commons CC BY 4.0 - Creative Commons Autorstvo 4.0 International License.
http://creativecommons.org/licenses/by/4.0/legalcode
Keywords: digital evidence, criminal law, criminal procedure, European legislation, forensic analysis.
Ključne reči: digitalni dokazi, krivično pravo, krivični postupak, evropska legislativa, forenzička analiza.
10.5937/ptp2404018M