Electronic evidence as a means of proof during the pillage investigation

Abstract

The electronic evidence has become one of the key components of criminal investigations. The use of digital evidence allows investigating not only criminal offences against the property, environment, etc., but also offences committed during the war and invasion. Since the beginning of the large-scale invasion of Ukraine, the number of pillage cases, which became known from open sources of information, has increased. The purpose of this study was to investigate the problematic issues of using digital evidence in the pillage investigation. The methodological basis was general scientific methods of cognition, namely, scientific abstraction, deduction and induction, extrapolation, and logical generalisation. The paper examines pillage among other war crimes in the context of determining the concept, composition of a crime, and the admissibility of digital evidence during the pillage investigation of this crime. The urgency of solving problematic aspects related to the pillage investigation, primarily in the context of a full-scale war in Ukraine, is substantiated. The pillage is separated from other crimes against property committed under martial law or a state of emergency. The problems of terminology are considered and approaches to the qualification of criminal offences committed under martial law, including shortcomings in law-making, are outlined. It is proposed to amend the Criminal Procedure Code of Ukraine, defining the requirements for electronic evidence during the investigation of pillage. The practical significance of the study lies in the fact that such tools can be used for further research on the use of the digital evidence as a means of proof in the pillage investigation, as part of the development and improvement of legislation in this area