Digital Evidence as a Means of Proof in Criminal Proceedings

Abstract

Objective: The purpose of this investigation is to specify the correct treatment of digital evidence to be admissible within the judicial process, respecting guarantees and fundamental rights of people. Method: Digital evidence is information stored on a technological device that is propagated through cyberspace. The computer record is accessible by people, electronics, or computers and is collected from a digital device. Also identify the procedure for obtaining, preserving, analyzing, and presenting digital evidence before the Judge. This theoretical review of sources was prepared under the systematic verification methodology, usable in the Scopus, Ebscohost, Scielo, Core, IG Global, Ciencia Latina, Latindex, Jurn, Openaire, and Redalyc databases of advantageous configuration and in Spanish for the last 5 years. Results and Conclusions: Based on the results obtained, the importance of the treatment of digital evidence as an instrument of proof is inferred, for the evaluation of the judge as an element of conviction in a criminal process. It is concluded that digital evidence has particular characteristics that distinguish it from physical evidence and procedural rules do not regulate its proper treatment, and are currently considered documentary evidence. Research implications: The article reflects the drawbacks from its definition, mention of current legislation, treatment in the judicial process, and its implication in the field of computer forensic digital evidence. Originality/value: It can be copied without any limit. It performed technically this procedure and with the appropriate tools, it can clone the information while maintaining the originality of its characteristics.