Analysis Of Electronic Evidence Research Articles

The Role of Digital Forensics in Criminal Investigations: An Analysis of Electronic Evidence in the Indonesian Legal System

Research on the use of digital forensic evidence in the process of investigating criminal acts, especially those carried out by the Police with their legal structure capabilities, aims to find out and analyze the extent to which evidence produced through digital forensics plays an important role in the process of proving criminal acts, the results of which become electronic evidence that has the strength of evidence in the applicable criminal procedural law. The type of research is normative (doctrinal), namely research that views law as building a system of norms. Digital forensics is an important instrument that helps investigators carry out research and investigation tasks, and it is an absolute requirement that must be met so that electronic documents can be used as evidence from the start of investigations, inquiries, prosecutions, and trials. The role of digital forensics in uncovering a criminal case starts from the preliminary stage, where investigators begin to collect evidence and electronic evidence assisted by one or more digital forensic experts. Digital forensics from the investigation stage is used to find material truth in every process of proving a criminal act.

Blockchain, metaverses and NFT in civil procedure and arbitration in Russia, China and USA

The research is devoted to the study of new technologies - blockchain, metaverse and NFT - in civil procedure and arbitration in Russia, China and USA. The author analyzes the basic concepts and characteristics of the above technologies and gives examples of their use in judicial practice. Recent US judicial precedents (2021 and 2022), which consolidate the possibility of using blockchain and NFT technologies in court proceedings are looked at. The research aims at shaping the idea of possible application of blockchain, metaverse and NFT technologies in civil proceedings; it is based on the analysis of regulations, judicial practice of Russia, foreign countries, and scientific sources. The employed methodology is empirical methods of comparison, description, and interpretation, theoretical methods of formal and dialectical logic. Private scientific methods include legal-dogmatic method and interpretation of legal norms. The outcome of the research shows that blockchain and NFT technologies have become an effective tool used by the courts of USA and China in the analysis of electronic evidence and some other procedural actions including notification of an unknown defendant through a non-interchangeable token (NFT). The research came to the following conclusions. Blockchain transactions are often called anonymous or at least pseudonymous, but this is not the case. The issue of blockchain anonymity has been raised in several cases heard by US courts. The blockchain analysis of tools industry has allowed the court and the parties to the dispute to analyze transactions on the blockchain and in many cases trace them to an identifiable user, even if such users have taken steps to conceal their identity. It is essential to refer to the US courts experience allowing private companies to conduct Technology Assisted Review (TAR).

Exploring the Applicability of Blockchain Technology in the Judicial Deposit of Electronic Evidence

In the era of electronic data, the form of evidence in the judicial evidence chain is also increasingly iterative, and at this stage electronic evidence has become a form of evidence that cannot be ignored. The storage, inspection, authentication and analysis of electronic evidence are all possible to be tampered with. The main feature of Blockchain technology is tamper-proof, which realizes the verification needs of electronic evidence itself at the technical level, ensures data authenticity and completes the tasks of electronic evidence in the judicial appraisal process more efficiently.

Electronic evidence as a means of evidence in civil proceedings

The article deals with the analysis of electronic evidence as a new means of evidence in civil proceedings. Due to the constant changes of the information environment and the improvement of information technologies there arises the question of consolidating the evidence obtained in the information space. The example of this evidence is the electronic evidence that provides information in electronic (digital) form containing information about the circumstances that matter to the case. There is defined, for the first time, the electronic evidence and the procedure for its submission and investigation at the legislative level. In procedural law such innovations are one of the means of achieving the effectiveness of civil justice, as they facilitate the full, comprehensive consideration and resolution of a civil lawsuit, the establishment of the true circumstances of the case, and the adoption of lawful and grounded decisions by courts, which is the purpose of civil justice.
 Electronic evidence is submitted to the court in three ways: in the original, in the electronic copy certified by an electronic digital signature, in paper copies, certified in the manner prescribed by law. Besides, the party submitting a copy of the electronic evidence must indicate that he/ she or some other person has the original of the electronic evidence. It is the responsibility of the claimant to attach to the statement of claim all the evidence available to support the circumstances on which the claim is based (if written or electronic evidence is provided, the claimant may attach a copy of the relevant evidence to the statement of claim). The claimant can submit electronic evidence using the Unified Court Information and Telecommunication System.
 In the article, there are highlighted the issues of the concept, nature and types of electronic evidence, the views of scientists on the features and significance of electronic evidence in civil proceedings. Moreover, the article focuses on problematic issues that the legislator should regulate to ensure that participants of the case are able to submit electronic evidence to court and implement their constitutional right to judicial protection. To reach these goals there were analyzed the views of scientists who investigated this type evidence. Unfortunately, the current CCP of Ukraine and other by-laws regulating the Institute of Electronic Evidence do not provide answers to many questions about the use of evidence from purely technical to legal ones. The legislator limited the work only to the general principles of applying a new type of evidence. Therefore, the judicial practice today is controversial when deciding whether electronic evidence is admissible and appropriate. Also in the article there is analyzed the judicial practice regarding the presentation of electronic evidence as the means of evidence to the court by the parties of the case. According to the results of theoretical study, there were made some suggestions to improve the civil procedural legislation of Ukraine.

Analysis of Electronic Evidence as an Evidence Tools in Criminal Case Post Decision of Constitutional Court Number: 20/PUU-XVI/ 2016

The position of electronic evidence after the enactment of the Electronic Information and Transaction Law, in cases of criminal acts of Information and Electronic Transactions it is as separate evidence, namely electronic evidence which is an extension of the types of valid evidence stipulated in the Criminal Procedure Code while in cases outside criminal acts of Information and Electronic Transactions, electronic evidence is only located as evidence. The strength of evidence from electronic evidence obtained is not in the context of law enforcement and not at the request of law enforcement officials after the decision of the Constitutional Court Number 20/PUU-XIV/2016 is not having the power of proof both as evidence and evidence except electronic evidence that is public.

Dealing with the problem of collection and analysis of electronic evidence

Today, the internet is being used in everybody's daily life thanks to rapid development of science and technology including information and communications technology. The cyberspace has also been used as a den for cybercriminals, whose recent number remarkably increases getting things worse and worse. Cybercrime is technically distinguished from traditional one, which makes it very hard to investigate cybercrime. In particular, a number of technical and legal issues arising in the collection and analysis of digital evidence have great influence in cybercrime investigation. The paper explores general concept of electronic evidence, basic requirements for collecting and analysing digital evidence and general procedures and methodologies thereof.

Dealing with the problem of collection and analysis of electronic evidence

Dealing with the problem of collection and analysis of electronic evidence

Electronic evidence in intellectual property litigation: from the Chinese perspective

Dr Jiong He examines the legal position of electronic evidence in China since the promulgation of the newly amended Civil Procedure Law of China in 2013, focussing on an analysis of electronic evidence in intellectual property litigation from the Chinese perspective. Index words: electronic evidence, legal status, admissibility, exclusion of evidence; probative force, intellectual property.