Digital Footprints and Evidence: The Need for a Theoretical and Normative Definition in the Context of Digitalization

Abstract

Introduction: the paper analyzes the scientific positions of understanding footprints and evidence processed exclusively in digital form, their nature, and their relationship with generally accepted categories. The current discussion allows for developing a unified approach to understanding the nature of digital footprints and their interpretation in the science of criminalistics, criminal procedure, and other branches of legal science. The study aims to examine the most influential scientific perspectives on comprehending the fundamental nature of digital footprints and evidence, with the goal of subsequently incorporating these understandings into the criminal law sciences and legislation. The author analyzes the controversial issues of the nature of digital footprints and evidence, clarifies some judgments, and identifies potential solutions. Methods: the dialectical, systemic, and logical methods (general scientific) were used in the course of the study. Among the specific scientific research methods, the formal legal and generalization methods prevailed. Results: based on the results of the conducted research, the most general theoretical positions on understanding the essence of trace and evidentiary information in the digital (electronic) environment are highlighted. The information on the main approaches to understanding this category is summarized, and some additions to the domestic legislation are proposed in order to eliminate existing contradictions. Conclusions: the use of data created and processed in electronic form as orienting and evidentiary information is an objective necessity. The available scientific views on the problem under consideration have studied its essence quite comprehensively, operate in various terms, and, in the author’s opinion, require the development of a conceptual construct, including those enshrined in the legislation to optimize criminal proceedings.