Journal of Siberian Federal University. Humanities & Social Sciences / Assessment of Digital Evidence in Criminal Proceedings: Roman- German and Anglo- Saxon Approaches

Full text (.pdf)
Issue
Journal of Siberian Federal University. Humanities & Social Sciences. 2025 18 (5)
Authors
Abdulkareem, Fahil A.; Semenovskii, Andrei I.
Contact information
Abdulkareem, Fahil A.: Duhok Polytechnic University Duhok, Republic of Iraq; vahil.79@gmail.com; ORCID: 0000-0002-5204-0421; Semenovskii, Andrei I. : Siberian Federal University Krasnoyarsk, Russian Federation; ORCID: 0000-0003-2763-6773
Keywords
criminal proceedings; digital criminology; digital evidence; vidence examination; evidence assessment
Abstract

The information systems emergence has led to new challenges for criminal proceedings, digital evidences. They have a number of features: these evidences require special technical knowledge; they are relatively difficult to destroy and relatively easy to reproduce. The study of approaches to assessing evidence of the Roman-German and Anglo-Saxon types showed that in order for digital evidence to be accepted in court, three conditions should be met: they have to be recognized as credible, the court has to be internally convinced of their reliability, and they have to be examined with the parties’ participation. The court’s assessment of the credibility of digital evidence depends on the current legal system. Two main approaches to assessing digital evidence can be distinguished: the approach of the continental legal family, known for the principle of freedom of evidence assessment, and the approach of the common law family, known for the desire to formalize the evidence assessment

Pages
906–915
EDN
RBGZJO
Paper at repository of SibFU
https://elib.sfu-kras.ru/handle/2311/156118

Creative Commons License This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License (CC BY-NC 4.0).

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