Proposal for a digital forensic investigation model in accordance with the legislation in Mexico

Abstract

In this paper we collect and observes the existing digital forensic investigation models, which are essentially the application of information systems and communications engineering for forensic purposes. In addition, a review of the federal criminal situation in Mexico is presented (through the revision of the regulations in the Federal Criminal Code), because the Code indirectly describes the reality of what can be prosecuted and admitted as evidence, criminally speaking, with the application of digital forensic investigation models in Mexico. This is due to the significant deficiency in the proposal of digital forensic investigation models, in which there is not enough emphasis on the potential admissibility of the evidence gathered through the models, to give attention to the need to provide “evidence” to Institutions responsible for the impartation of justice, as if doing digital forensic investigation to be a technological issue and not as it really is: a socio-legal-technological issue. Therefore, considering the criminal reality in Mexico, locating the practices of existing models that make sense in accordance with the norm, an abbreviated model is proposed that really helps successful prosecutions.