DIGITAL EVIDENCE IN CRIMINAL PROCEEDINGS: INTERNATIONAL STANDARDS AND CHALLENGES
DOI:
https://doi.org/10.5281/Keywords:
digital evidence, criminal proceedings, cybercrime, electronic evidence, international law, Budapest Convention, criminal justice, cybersecurity, admissibility of evidence, electronic investigations.Abstract
The rapid development of information technologies and digital communications has significantly transformed modern criminal proceedings. Digital evidence has become one of the most important elements in investigating cybercrime, financial crimes, terrorism, and transnational organized crime. This article examines the legal nature of digital evidence, analyzes international standards regulating its collection and admissibility, and identifies major challenges arising in criminal proceedings. Particular attention is devoted to issues of authenticity, reliability, jurisdiction, privacy protection, and international cooperation in obtaining electronic evidence. The article also evaluates the legal framework of the Republic of Uzbekistan concerning digital evidence and proposes recommendations aimed at harmonizing national legislation with international legal standards.
References
Susan W. Brenner, Cybercrime and the Law (Northeastern University Press, 2012), p. 45;
Jonathan Clough, Principles of Cybercrime (Cambridge University Press, 2015), p. 144;
United Nations Office on Drugs and Crime (UNODC), Comprehensive Study on Cybercrime, 2013;
Eoghan Casey, Digital Evidence and Computer Crime (Academic Press, 2011), p. 7;
George L. Paul, Foundations of Digital Evidence (American Bar Association, 2008), p. 33;
Convention on Cybercrime (Budapest Convention), Council of Europe, 2001;
United Nations General Assembly Resolution No. 74/247, 2019;
Eoghan Casey, Digital Evidence and Computer Crime, p. 56;
Marco Gercke, Understanding Cybercrime (ITU Publication, 2012), p. 78;
European Court of Human Rights, Big Brother Watch v. United Kingdom, 2021;
Richard Susskind, Online Courts and the Future of Justice (Oxford University Press, 2019), p. 210;
Criminal Procedure Code of the Republic of Uzbekistan, provisions concerning electronic evidence.
