Admissibility Of Electronic Evidence Research Articles

Providing electronic internet evidence in Russian notarial and judicial practice for civil law disputes

The current study is mainly devoted to the analysis of the current Russian legislation and the emerging notarial and judicial practice in the field of providing electronic evidence, the features and problems of procedures for their notarization, the relevance and admissibility of electronic evidence in civil law disputes in courts of general jurisdiction and arbitration courts as a factor in stabilizing civil law turnover carried out in information and communication formats (digital economy). Moreover, the study considers the problems of legal recording electronic traces while noting the most significant aspects of this recording of the evidence and formulating recommendations for notaries and parties to judicial disputes. To that aim, a range of general scientific methods, including observational, descriptive, and qualitative approaches, are used. Based on the results, the Russian regulatory system must have mechanisms for fixing traces of such civil activity to use them as evidence in civil and arbitration disputes.

Analysis of Procedural Problems in Cybercrime Investigations

The approach used to investigate cybercrime in developed nations is examined in this article, along with the innovations that might be implemented in Georgia to ensure successful investigations. Detailing the procedures outlined under the Budapest Convention on Computer Crimes, attention is given to the procedural issues that crop up while gathering and presenting electronic evidence in criminal investigations. The convention's individual articles are examined, including those that deal with information requests, and a comparison between the convention's legal provisions and the standards incorporated into Georgian law is made. The article examines the practice of collaboration between developed country law enforcement bodies and Internet service providers. The absence of computer data classification in Georgian law is highlighted, which results in the existence of a single, all-encompassing rule for all forms of electronic information. The paper also covers court rulings on the admissibility of electronic evidence and offers advice on whether it would be wise to clarify or improve the criminal procedure laws. The article explains the need for varied time limits and tactics for getting and maintaining information from internet service providers based on the classification of cybercrimes into distinct crime categories, such as serious, particularly serious, and crimes against national security.

Procedural capacity of use electronic (digital) information as evidence in criminal proceedings

Law enforcement agencies and courts are increasingly investigating factual data (evidence) recorded in electronic (digital) form, which are stored on technical media. At the same time, the national criminal procedure legislation does not contain a clear definition of the term “electronic evidence”, which leads to ambiguous practices of their evaluation and use in the process of proving in the investigation of criminal offenses. The analysis of judicial practice also shows different approaches to assessing the relevance and admissibility of electronic evidence (factual data recorded in electronic (digital) form) in different types of proceedings. The article substantiates the need to define the category of “electronic evidence” in the Criminal Procedure Code of Ukraine and proposes the development of a new paradigm of electronic evidence theory.

Demystifying Constitutional and Legal Concerns in Admissibility of Electronic Evidence in Court of Law

Demystifying Constitutional and Legal Concerns in Admissibility of Electronic Evidence in Court of Law

Exploring Frontiers in Electronic Evidence: The Philippine Experience

This paper is the first formal empirical study on electronic evidence (EE) since the promulgation of Rules on Electronic Evidence (REE) by the Philippine Supreme Court in 2001. A basic qualitative research design was employed in the study. A total of 29 litigation lawyers and 13 trial judges from the Province of Cavite and the National Capital Region were the participants in the study. A qualitative survey questionnaire was used to gather data from the participants through Google Docs. Results showed that EE was more commonly presented in criminal cases, a few in civil cases, and none in quasi-judicial and administrative cases. Text messages were found to be the most frequently presented EE at trial. Results further revealed three major themes such as (1) admissibility of EE, (2) authentication of EE, and (3) suggestions on the implementation of REE. The vagueness of REE provisions on the admissibility of electronic evidence results in varying interpretations of judges, which ultimately affect their appreciation of the evidence presented at a trial. The present empirical study would indeed contribute to the scholarly discourse of electronic evidence showcasing the Philippine experience.

Admissibility of E-evidence in India: An Overview

The law of evidence has changed dramatically in recent years, with different types of evidence now deemed admissible by a court. This change has also come to India with various changes to the existing legislation. Pursuant to India's obligation to the United Nations Commission on International Trade Law (UNCITRAL), the Information Technology Act 2000 (hereinafter the Information Technology Act) entered into force. This act legitimized and encouraged electronic commerce in the global marketplace and amended the Indian Evidence Act of 1872 (referred to here as the Evidence Act) to include provisions on electronic evidence. The Evidence Law requires that primary evidence be proven under section 64, while secondary evidence must be proven under section 65. Primary evidence is the type of evidence that is considered to have the highest factual certainty in question. Any evidence excluded from this category is considered secondary evidence. The burden of proof to demonstrate the admissibility of secondary evidence rests with the party presenting the evidence. Section 65A of the Evidence Act requires that electronic evidence be proven in accordance with the provisions of Section 65B. Section 65B was added to the Evidence Act by virtue of Schedule II of the TI Act. It is a provision regarding the admissibility of electronic evidence. It establishes that any information contained in an electronic document is considered a document admissible as evidence and original, provided that it meets the conditions established in sections 65B (2) to 65B (5). Therefore, each piece of electronic evidence must be accompanied by a certificate issued after the checklist provided for in section 65B has been completed.

Admissibility Of Electronic Evidence In Criminal Proceedings

This article attempts to analyze the institution of admissibility of evidence, in particular electronic evidence. Some issues of the specifics of such evidence are also considered. As a result, some recommendations were developed to ensure the issue of admissibility of electronic evidence.

Admissibility of Electronic Evidence under the Indian Evidence Act, 1872

Information Technology or computerization is playing a vital role in various fields like business, communication, services, government sector etc. Also it has left its impression on judicial system & existing laws in India. The IT Act made several reforms in regulations such as the Indian Penal Code of 1860, the Indian Proof Act of 1872, the Reserve Bank of India Act of 1934 etc. The word proof can be described as evidence that helps to explain or refute a truth. The information technology Act 2000 is intended to understand the moral sanctity and structure of electronic records, which may include witness testimonies, notes, etc. Some changes are required to accept the electronic records as facts in the Evidence Act. In the light of section 65-A of the Indian Evidence Act, 1872, Indian courts provide electronic records. Section 65 B of the Indian Evidence Act 1872 specifies the framework for the filing of electronic records as evidence. According to Section 65-B of the Indian Evidence Act, 1871, the report shall be considered any data found in the electronic records of the written, discharged or replicated machine system, and may be permitted to provide evidence in any process which continues without the confirmation of the initial. It is era of speedy and faster communication, the use of internet and information technology is common among people. Nevertheless, the admissibility of the Act is subject to different provisions laid down in section 65-B of that act. So, with this paper I will be determining the extent of implementation of amended laws of Information Technology Act, 2000 with reference to Evidence Act, 1872.

Проблемные вопросы допустимости электронных доказательств в уголовном процессе России

Проблемные вопросы допустимости электронных доказательств в уголовном процессе России

Appraisal of Admissibility of Electronic Evidence in Legal Proceedings in Nigeria

The use of computers in Nigeria has grown exponentially in the last decade. Financial transactions, communication systems, modern automobiles and so on depend on computers. It is now an electronic age where daily transactions are conducted on the platform of electronic devises. In the event of disputes, parties are bound to rely on electronic evidence. It is in view of this development that in order to adopt the international best practice, the Evidence Act, 2004 was repealed and replaced with Evidence Act, 2011 to accommodate the admissibility of electronic generated documents before the Nigerian courts. The focus of this paper is to examine the prominent provisions of the Act relating to admissibility of electronic evidence. It will equally appraise the proof of conditions for admissibility of computer generated evidence, admissibility of electronic evidence in legal proceedings in Nigeria and challenges in determining the probative value of electronic evidence. The paper concludes that the provisions of the Evidence Act, 2011 on electronic proofs are largely inadequate and therefore, there is the need to understudy other jurisdictions in order to adequately confront the challenges facing admissibility of electronic evidence in Nigeria. Keywords: keywords, admissibility, appraisal, document, electronic, evidence, hearsay DOI : 10.7176/JLPG/92-01 Publication date: December 31 st 2019

Web-page Screenshots as an Evidence in Civil Procedure of Ukraine

Currently the question about the possibility of including a screenshot of a web-page to the base of evidence in civil procedure of Ukraine remains open. The problem is a lack of systematic rules for determining procedures for obtaining electronic evidence, in particular, screenshots, in Ukrainian legislation, as well as possibilities for their use while considering civil cases. Various electronic evidence should correspond various admissibility criterias, and therefore the admissibility of electronic evidence should be examined separately according to each type of evidence.Separate issues of investigation, fixation and certification of web-screenshots as evidence in civil procedure of Ukraine are considered in this article. The analysis of legal regulation and problems of the practical implementation of use of web-pages screenshots in Ukrainian civil procedure are carried out. The ways of implementation of recommendation rules for registration and fixation of web-screenshots in civil procedure, which can be applied for all European states, are proposed.

The concept of a Convention on Electronic Evidence

Stephen Mason explains the idea of a Convention dealing with the status of electronic evidence, covering civil and criminal proceedings; the investigation and examination of electronic evidence, and general provisions regarding the recognition and admissibility of electronic evidence from foreign jurisdictions. His paper describes his collaborative work with other experts in the field to draft an important and much needed Convention providing the first treaty in this sphere.

The Debate Surrounding the Admissibility of Electronic Evidence

The law relating to evidence has undergone a massive change in the recent years with different types of evidence now being deemed admissible in a court of law. This change has also reached India with there being several amendments to the existing legislations. Under India’s obligation to the United Nations Commission on International Trade Law (UNCITRAL) the Information Technology Act, 2000 (Herein referred to as the IT Act) was enacted. This Act legitimized the electronic commerce business and encouraged it in the global market and through this Act the Indian Evidence Act, 1872 (Herein referred to as the Evidence Act) was amended to include provisions regarding electronic evidence. The Evidence Act requires primary evidence to be proved under Section 64 while secondary evidence to be proved under Section 65. Primary evidence is the kind of proof which is regarded as with the greatest certainty of fact in question. All evidence that is excluded from this category is regarded as secondary evidence. The burden of proof to show the admissibility of secondary evidence lies on the party bringing forth the evidence. Section 65A of the Evidence Act requires electronic evidence to be proved in accordance to the provision of Section 65B. Section 65B was added to the Evidence Act under the Second Schedule of the IT Act. It is a provision which relates to the admissibility of electronic evidence. It provides that any information contained in an electronic record is deemed to be a document admissible as evidence and original, provided that it fulfils the conditions set throughout Section 65B (2) to 65B (5). Thus, every piece of electronic evidence has to be accompanied by a certificate given after the checklist under Section 65B is completed.

Technology and Admissibility of Electronic Evidence in Tanzania

It has been almost two decades since the first case on the admissibility of electronic evidence in Tanzania was brought to the court of law and decision been made on the admissibility of electronic evidence. Before 2000, the question on the admissibility of electronic evidence was on vague state. Responding to the changes made by the Court’s decision in 2000, The Written Laws (Miscellaneous Amendments) (No. 2) Act, of 2007 was enacted. Among other thing, the Act provides some provisions which amend the Evidence Act, [Cap.6, R.E. 2002] on the admissibility of electronic evidence in the Court of Law. Furthermore, in 2015 the Parliament enacted a new law, the Electronic Transaction Act, No.13 of 2015 which on the other hand provides for the position of electronic evidence. This paper entails the role of this new Act of the Parliament on the admissibility of electronic evidence in Tanzania. It also provide for other legislations in Tanzania which entail on the related matter.

An Overview of the Electronic Transactions Bill 2017

In the wake of the computer age and globalization, the need to use electronic transactions in our everyday life cannot be eroded. For any economy to grow, trans-border transactions are inevitable and electronic transaction aids this relationship. The rate of e-commerce in the Nigerian economy is on the increase, as most businesses- both small and medium scale now use social platforms and digital marketing strategies to drive awareness for their products and services. The Electronic Transactions Bill (the Bill) seeks to provide a legal and regulatory framework for conducting transactions using electronic or related media, the protection of the rights of consumers and other parties in electronic transactions, as well as facilitating electronic commerce in Nigeria and data protection. The Bill also seeks to strengthen the provisions of Section 84 of the Evidence Act 2011 on the admissibility of electronic evidence by providing a broad legal frame work. Currently, the e-commerce market in Nigeria is worth approximately $13 billion (thirteen billion dollars), according to a report by London based Economist Intelligence Unit (EIU). Experts in the Nigerian financial service sector have also estimated that Nigeria’s e-commerce market value could rise to $50 billion over the next 10 years. Recently, the National Bureau of Statistics (NBS) predicted that the e-commerce sector is expected to contribute about 10 percent, of a projected N10 trillion, to the nations’ Gross Domestic Product (GDP) by 2018. The Bill has long been passed by the National Assembly but still awaits presidential assent. This article would highlight some provisions of the Bill.

Difficulties in Establishing Liability in Online Defamation; Tanzania Experience

This paper is devoted to uncover difficulties in establishing liability in online defamation in Tanzania. The focus is on the effectiveness of the current laws and regulations relating to online defamation; and the lack of awareness on the part of the general public on legal and practical challenges in establishing liability over defamatory comments occurring on the internet. The investigator discovered that, the existing legal framework in Tanzania cover issues of establishing liability in online defamation suffers from a number of inadequacies. Moreover the legal and practical challenges includes, the weakness of some law and regulations covering online defamation, limitation periods, jurisdiction and choice of law issues, investigation and admissibility of electronic evidence and its authenticity, identifying anonymous defendant and the rights to privacy. The author recommends that the government has to consider amending its law by taking on board the forgotten stakeholders opinions that would address by dealing with specific issues of liability in online defamation to internet users, Internet Service providers(ISP’s) and intermediary for their defamatory comments.

Admissibility of Electronic Evidence: An Indian Perspective

Admissibility of Electronic Evidence: An Indian Perspective

The admissibility of electronic evidence in Tanzania: new rules and case law

A decade or so has passed since the High Court of Tanzania ruled that a computer print-out is admissible evidence. That decision, which is considered in this article, was decided in the context of the admissibility of electronic records in banking at the time when no statute on electronic evidence existed. A number of evidentiary issues remained uncertain. Subsequent legislation regulating electronic evidence was passed by Parliament through the Written Laws (Miscellaneous Amendments) Act 2007, and Electronic Transactions Act 2015. The aim of this article is to critically analyse the case law prior to and after these enactments to establish the extent to which the new rules have succeeded in filling the legal gap as far as electronic evidence is concerned in the Tanzanian legal system. Index words: Tanzania; electronic evidence; legislation; admissibility; case law; new rules

Draft Convention on Electronic Evidence

The Draft Convention is the first treaty dealing with the status of electronic evidence, covering civil and criminal proceedings; the investigation and examination of electronic evidence, and general provisions regarding the recognition and admissibility of electronic evidence from foreign jurisdictions.

Admissibility of Electronic Evidence under Indian Law

Admissibility of Electronic Evidence under Indian Law