Problems of Using Digital Evidence in Criminal Justice of Ukraine and the USA

Abstract

Topical problems of the use of digital evidence in criminal proceedings in Ukraine and the United States are considered and proposals for their solution are given. The difference between the concepts of "electronic evidence" and "digital evidence" is shown. Based on the analysis of 64 decisions of the criminal courts of Ukraine and 31 decisions of the Court of Appeals and the Supreme Court of the United States, it is shown that the recognition of information in digital form as admissible and reliable evidence causes certain difficulties. It is proposed to supplement the Criminal Procedure Code of Ukraine with norms that would contain a definition of the concept of "digital evidence" and its procedural carriers; differentiation of the concepts of "electronic evidence" and "digital evidence"; a detailed procedure for the seizure of digital information, its verification, accounting and storage (indicating the list of mandatory information about digital evidence that must be procedurally fixed); An algorithm for assessing the reliability of digital evidence and expert opinion according to certain criteria. Recommendations are given for the development of methodological recommendations for working with digital evidence and the corresponding professional development of law enforcement officers.