The use of electronic evidence in the criminal process of foreign countries

Abstract

It is emphasized that electronic evidence has become indispensable for criminal investigations and trials around the world. The importance of legal regulation of the criminal procedural form of digital technologies is emphasized. The improper nature of such regulation entails certain legal consequences, including the recognition of electronic evidence as improper or inadmissible. The experience of some foreign countries in the field of recognition and use of electronic evidence (the USA, Great Britain, the People’s Republic of China and the countries of the European Union) is analyzed. It has been proven that each state builds its own way and approach to incorporating such evidence into its legal systems depending on legal traditions, technological infrastructure and privacy considerations. From the analysis of procedural codes, it was noted that procedural science develops a theory of electronic evidence according to the industry principle. It is emphasized that they are based on common digital technologies, therefore this provides an opportunity to develop uniform cross­industry rules for the use of electronic evidence in any process. It was determined that in the Anglo-Saxon legal system there is no clear division of evidence into types. Evidence law is based on typical problem situations. The US legislation, which regulates the use of electronic evidence in the criminal process, is analyzed. It is noted that the condition for their acceptance is its authenticity and relevance to the case. It is noted that in the UK, all electronic evidence is subject to the same rules and laws that apply to documentary evidence. The legislation of the European Union, which regulates electronic evidence and allows to strengthen cooperation between member states in the field of using electronic evidence, is analyzed. It is emphasized that as states continue to adapt to the age of digital technologies, the development of a reliable legal framework and international cooperation will be essential to ensure the effective and fair use of electronic evidence in the pursuit of justice.