Electronic Evidence in Criminal and Civil Proceedings: Technologies, Challenges and Perspectives
Prof. Sandra Kaija
Rīga Stradiņš University, Latvija
Abstract: In the contemporary digital age, electronic evidence has become a significant component of both criminal and civil proceedings. The increased integration of technology into everyday life and business has led to a growing need for a comprehensive and consistent legal framework to govern the admissibility of electronic evidence in court. However, this process is hindered by various legal challenges, including issues pertaining to the authenticity, integrity, and admissibility of evidence.
This Article will analyse the legal framework for electronic evidence in both criminal and civil proceedings, comparing the approach of these two areas and identifying regulatory issues. It will also address aspects of jurisprudence, shortcomings in the legal framework and possible developments to ensure effective and fair use of electronic evidence in judicial proceedings.
The purpose of the Article is twofold: firstly, to examine the existing legal framework, and secondly, to analyse its application problems and provide insights into possible improvements in the legal framework. The improvements will be focused on the strengthening of the principles of legal certainty and fairness with regard to the taking, preservation, evaluation and use of electronic evidence in criminal and civil proceedings.
Materials and methods. The present study employs a combination of descriptive, analytical, deductive and inductive methods. The descriptive method is utilised to present the nature of electronic evidence, the legal and technical details of its acquisition and use. The analytical method is employed to examine in depth the existing laws and regulations and their interpretation in jurisprudence, and to identify problems. Deductive and inductive methods are used to express conclusions and suggestions. The deductive method is employed to analyse the application of general rules in specific situations involving electronic evidence, while the inductive method is used to formulate general conclusions and recommendations for improving the legal framework for electronic evidence by examining specific court rulings and legal experts' findings.
Brief Biography of the Speaker: Sandra Kaija Dr. iur. Professor at the Faculty of Social Sciences, Rīga Stradiņš University, and an expert of the Latvian Council of Science. ORCID: ORCID 0000-0002-2711-613X In her capacity as an invited person, she has provided opinions to the Constitutional Court. Her pedagogical activities encompass the instruction of study courses in the domain of criminal procedural law. Her research interests include criminal procedure law, criminology, operational activities, special procedural protection of witnesses, as well as the legal regulation of modern technologies. She has published several scientific articles on these areas, which are available on the RSU science portal: https://science.rsu.lv/en/persons/sandra-kaija-3