ELECTRONIC EVIDENCE IN CRIMINAL AND CIVIL PROCEEDINGS: TECHNOLOGIES, CHALLENGES AND PERSPECTIVES

Abstract

In the contemporary digital environment, electronic evidence has become a fundamental element in both criminal and civil proceedings. The accelerated evolution and pervasive integration of information technologies into routine activities, communication, and business processes has led to a substantial augmentation in the volume and significance of digital data as potential evidence. This evolution has created a pressing need for a coherent, consistent, and technologically informed legal framework to regulate the collection, preservation, evaluation, and admissibility of electronic evidence in judicial proceedings.

Notwithstanding the ongoing evolution of the legal landscape, the utilisation of electronic evidence continues to be encumbered by a plethora of intricate challenges. These include the authentication, integrity, and reliability of digital data, as well as the mitigation of risks associated with data manipulation, cybersecurity threats, and cross-border data access. Furthermore, discrepancies in procedural regulations between criminal and civil proceedings have the potential to result in inconsistencies in the handling and assessment of electronic evidence.

The present article undertakes a comparative analysis of the legal framework governing electronic evidence in both criminal and civil contexts, with a view to identifying common principles and key distinctions. Furthermore, it delves into pertinent jurisprudence, emphasising existing regulatory lacunae and practical challenges that emerge in the implementation of legal standards within technologically sophisticated settings.

The objective of the present article is twofold. Firstly, the present study seeks to analyse the current legal regulation of electronic evidence and its alignment with technological realities. Secondly, it evaluates the challenges encountered during its application and proposes directions for improvement. It is imperative to emphasise the importance of enhancing legal certainty, procedural fairness, and the effective integration of technological solutions in evidence handling processes. The study emphasises the necessity of a balanced approach that ensures both the reliability of electronic evidence and the protection of fundamental rights in judicial proceedings.

The present study employs a combination of descriptive, analytical, deductive and inductive methods. The descriptive method is utilised to present the nature of electronic evidence, the legal and technical details of its acquisition and use. The analytical method is employed to examine in depth the existing laws and regulations and their interpretation in jurisprudence, and to identify problems. Deductive and inductive methods are used to express conclusions and suggestions. The deductive method is employed to analyse the application of general rules in specific situations involving electronic evidence, while the inductive method is used to formulate general conclusions and recommendations for improving the legal framework for electronic evidence by examining specific court rulings and legal experts' findings.