La prueba pericial digital y la cadena de custodia

Abstract

The appearance of the dominant digital revolution has led to a modification of social behaviour in all areas, posing new challenges to the Law that were until now unknown. This work constitutes a study of the requirements for gathering evidence, derived from the commission of crimes through computer media, its legality, and the way in which they are incorporated into criminal proceedings. In this context, it has been traditional in criminal doctrine and jurisprudence that an evidence, to be considered lawful, that is, ultimately valid, it must be brought to the process with a number of procedural guarantees, being the most relevant one the possibility to be subject to contradiction. It is in this light when computer expert, through their forensic practice, can be involved in order to confirm or deny the validity of potential evidence which, in turn, may relate to the charge or discharge of criminal proceedings.