Digital Evidence and Cybercrime: A Perspective on the Principles of Free Assessment of Evidence, Immediacy and Adversarial Proceedings

Abstract

This research aims to contribute to the study and analysis of so-called “digital evidence” produced in the context of criminal acts linked to the phenomenon of cybercrime. This objective is particularly relevant in light of the growing concern of States and justice systems regarding the fight against illicit activities carried out in or through cyberspace. The project focuses on examining three procedural and evidentiary principles—free assessment of evidence, immediacy, and adversarial proceedings. The purpose is to strengthen the understanding of criminal procedure in view of the new digital and technological reality, which demands a reconsideration of the traditional approaches to the principles and values that underpin our current judicial systems.