DIGITAL EVIDENCE AS A MEANS OF PROOF IN CRIMINAL PROCEEDINGS
OSCO ESCOBEDO MIGUEL ANGEL et al. · Russian Law Journal · 2023
Digital evidence is information stored on a technological device that is propagated through cyberspace. The computer record is accessible by people, electronics, or computers and is collected from a digital device. The purpose of this investigation is to specify the correct treatment of digital evidence to be admissible within the judicial process, respecting guarantees and fundamental rights of people. Also identify the procedure for obtaining, preserving, analyzing, and presenting digital evidence before the Judge. This theoretical review of sources was prepared under the systematic verification methodology, usable in the Scopus, Ebscohost, Scielo, Core, IG Global, Ciencia Latina, Latindex, Jurn, Openaire, and Redalyc databases of advantageous configuration and in Spanish for the last 5 years. The exploration and review of scientific production were used, selecting the expressions of: "criminal process", "digital evidence" and "evidence". Based on the results obtained, the importance of the treatment of digital evidence as an instrument of proof is inferred, for the evaluation of the judge as an element of conviction in a criminal process. It is concluded that digital evidence has particular characteristics that distinguish it from physical evidence and procedural rules do not regulate its proper treatment, and are currently considered documentary evidence.