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Journal articles on the topic 'Electronic evidence'

Author: Grafiati

Published: 4 June 2021

Last updated: 30 July 2024

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1

Mamatkulova, Khosiyat. "Admissibility Of Electronic Evidence In Criminal Proceedings." American Journal of Political Science Law and Criminology 03, no. 02 (February 28, 2021): 144–52. http://dx.doi.org/10.37547/tajpslc/volume03issue02-21.

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This article attempts to analyze the institution of admissibility of evidence, in particular electronic evidence. Some issues of the specifics of such evidence are also considered. As a result, some recommendations were developed to ensure the issue of admissibility of electronic evidence.

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Mladenov, Dimitar. "Electronic Evidence." De Jure 13, no. 1 (June 27, 2022): 63–74. http://dx.doi.org/10.54664/ctyj5693.

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The article deals with special characteristics of electronic evidence in criminal procedure, the need for a new type of classification, and the involvement of an expert in seizing and dealing with it. The paper also considers the legal way of seizing such evidence, the distance seizure of computer data, the legal procedure of collecting electronic traffic data, as well as the legal way to handle and accept video records as evidence.

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3

Golovin, Dmytro, Yehor Nazymko, Oleh Koropatov, and Maksym Korniienko. "Electronic evidence." Linguistics and Culture Review 5, S4 (November 27, 2021): 1741–53. http://dx.doi.org/10.21744/lingcure.v5ns4.1849.

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Relevance of the problem outlined in the article is due to increasing levels of crime in the sphere of illicit trafficking in narcotic drugs, psychotropic substances, their analogues or precursors using information and telecommunication systems. The aim of the article is a comprehensive analysis of the problem of the use of electronic evidence in proving crimes of trafficking in narcotic drugs, psychotropic substances, their analogues or precursors. To achieve the goal were used to theoretical, historical comparative methods and logical analysis; application of dialectical method allowed to reveal the meaning of concepts "electronic evidence The article presents the most common methods of communication in the sale of drugs, psychotropic substances, their analogues or precursors through such means of communication as messengers, social networks, online games, proprietary programs. It is established that the main causes of drug trafficking crimes include: insufficient legal regulation of cyberspace, the lack of geographical boundaries, the spread of information about drugs on the Internet, especially in Darknet), the uncontrolled development of the cryptocurrency market. The definition of electronic proof in the Ukrainian legal system, as well as the forms and features of electronic proof are considered.

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4

Monaghan, Nicola. "Electronic Evidence and Electronic Signatures." Amicus Curiae 3, no. 2 (February 28, 2022): 375–80. http://dx.doi.org/10.14296/ac.v3i2.5418.

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5

Mason, Stephen. "ELECTRONIC SIGNATURES — EVIDENCE." Computer Law & Security Review 18, no. 3 (May 2002): 175–80. http://dx.doi.org/10.1016/s0267-3649(02)00506-x.

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Mason, Stephen. "Electronic Signatures — Evidence." Computer Law & Security Review 18, no. 4 (July 2002): 241–48. http://dx.doi.org/10.1016/s0267-3649(02)00722-7.

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7

Шабанов, Р. І., and О. В. Циркуненко. "ПРАВОВА ТА ТЕХНІЧНА ПРИРОДА ЕЛЕКТРОННИХ ДОКАЗІВ У ГОСПОДАРСЬКОМУ СУДОЧИНСТВІ." Збірник наукових праць ХНПУ імені Г. С. Сковороди "Право", no. 30 (2019): 26–34. http://dx.doi.org/10.34142/23121661.2019.30.02.

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The article examines the legal and technical nature of electronic evidence in economic proceedings. The peculiarity of the nature of electronic evidence in economic proceedings is due to the digital nature of this type of evidence and is expressed in three aspects: form, content and order of its procedural certificate. The authors found electronic evidence in economic proceedings is data on the basis of which the economic court determines the presence or absence of circumstances (facts) presented on electronic media in the form of digital information that can be brought into analog form, perceive and evaluate in due process and personalized by digital coding.

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8

Naichenko, Alona. "Litigation using electronic evidence." Entrepreneurship, Economy and Law 11 (2019): 362–66. http://dx.doi.org/10.32849/2663-5313/2019.11.62.

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9

Semko, Mykhailo, and Oleksandr Krakhmalyov. "ELECTRONIC INFORMATION AS EVIDENCE." Bulletin of the National Technical University "KhPI". Series: Actual problems of Ukrainian society development, no. 1 (May 25, 2023): 48–51. http://dx.doi.org/10.20998/2227-6890.2021.1.07.

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The widespread use of digital technology both in everyday life and in law enforcement raises the question of the use of digital information in evidence in criminal proceedings. However, there is still no single definition. Thus, quite often the term "digital information" is defined as information in the form of signals of any physical nature, recorded on computer media, the content and / or properties of which establish the presence or absence of circumstances to be proved in criminal proceedings. It is important to understand that such information can be created, transmitted, stored, etc. not only with the help of computer technology, but also with the use of other equipment (dictaphones, digital cameras, camcorders, smartphones, etc.). Analysis of the state of the issue. Digital information is objective. This is due to the fact that its fixation on digital media occurs without processing by human consciousness - in the form in which it objectively existed, regardless of the perception of the person who fixes it. Most often, this information is created outside the framework of criminal proceedings not to bring it to the attention of the pre-trial investigation or court, but for a completely different purpose. For example, CCTV cameras can be installed for security purposes or to prevent and combat crime. Making a video eliminates the participation of the human factor, because the recording of the event is automatic. As a result, the information obtained in this way is objective. The current CPC does not contain the concept of "electronic evidence", but the analysis of other procedural codes (including CAS, CPC and CPC) allows us to establish that this concept means information in electronic (digital) form that contains information about the circumstances relevant to the case , in particular, electronic documents (text documents, graphics, plans, photographs, video and audio recordings, etc.), websites (pages), text, multimedia and voice messages, metadata, databases and other data in electronic form.

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10

Endri. "URGENCY AND MECHANISM OF ELECTRONIC EVIDENCE VALIDATION IN ELECTRONIC COURT EVIDENCE RULES." Jurnal Hukum Peratun 4, no. 1 (March 26, 2022): 89–104. http://dx.doi.org/10.25216/peratun.412021.89-104.

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This research is trying to explain two legal issues in relation to the submission of electronic evidence in e- Litigation evidence system, those are about the urgency of electronic evidence validation in proving a case and how the ideal mechanism of electronic evidence validation at the e-Litigation proof stage is. The discourse of the trial by fully using E-Court which includes the proof stage in it has not yet been implemented due to various obstacles, including regulations, availability of supporting facilities and Human Resources (HR). It is important to study this legal issue in order to optimize E-Court so that judicial modernization with information technology approach can be quicklyimplemented, solely to realize the vision of the Supreme Court and ensure better access to justice in the future. The results of this research conclude that the electronic evidence validation process in E- Litigation is a vital stage that cannot be ruled out in order to determine the validity of an electronic evidence and how important digital forensic procedures in the electronic evidence validation process.

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11

Saiful Islam, Mohammad, Md Foysal Hasan, Md Mashiur Rahman, Dr Md. Azizul Baten, and Mohammad Ziaul Islam. "Promoting full-fledged electronic money in South Asia: evidence from Bangladesh." Banks and Bank Systems 14, no. 4 (December 19, 2019): 166–82. http://dx.doi.org/10.21511/bbs.14(4).2019.16.

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The study aims to develop several models for instigating full-fledged electronic money and to study prospects and challenges in the digitization process in the context of South Asian countries such as Bangladesh. Besides, the economic effect of full digitization of currency was analyzed considering its impact on vital economic indicators. Regression analysis, factor analysis and structural equation modeling were used to analyze data. The study suggests some models within the existing financial framework to support the process of instigating and implementing full-fledged electronic money in Bangladesh. The research defines a full-fledged e-money mechanism as a consumption-driven, production-oriented, creditworthy, cost-effective, prompt, technologically based inclusive payment system, as a prospect of full-fledged e-money. Besides, the requirement of an advanced technological infrastructure having secured and user-friendly software with high-speed internet services is identified as a major challenge to full-fledged e-money. The study also found out that a revolutionary change in GDP growth rate and inflation rate will occur through this mechanism.

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12

Tatulych, Iryna. "Electronic evidence as a means of evidence in civil proceedings." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 215–19. http://dx.doi.org/10.36695/2219-5521.1.2020.43.

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The article deals with the analysis of electronic evidence as a new means of evidence in civil proceedings. Due to the constant changes of the information environment and the improvement of information technologies there arises the question of consolidating the evidence obtained in the information space. The example of this evidence is the electronic evidence that provides information in electronic (digital) form containing information about the circumstances that matter to the case. There is defined, for the first time, the electronic evidence and the procedure for its submission and investigation at the legislative level. In procedural law such innovations are one of the means of achieving the effectiveness of civil justice, as they facilitate the full, comprehensive consideration and resolution of a civil lawsuit, the establishment of the true circumstances of the case, and the adoption of lawful and grounded decisions by courts, which is the purpose of civil justice. Electronic evidence is submitted to the court in three ways: in the original, in the electronic copy certified by an electronic digital signature, in paper copies, certified in the manner prescribed by law. Besides, the party submitting a copy of the electronic evidence must indicate that he/ she or some other person has the original of the electronic evidence. It is the responsibility of the claimant to attach to the statement of claim all the evidence available to support the circumstances on which the claim is based (if written or electronic evidence is provided, the claimant may attach a copy of the relevant evidence to the statement of claim). The claimant can submit electronic evidence using the Unified Court Information and Telecommunication System. In the article, there are highlighted the issues of the concept, nature and types of electronic evidence, the views of scientists on the features and significance of electronic evidence in civil proceedings. Moreover, the article focuses on problematic issues that the legislator should regulate to ensure that participants of the case are able to submit electronic evidence to court and implement their constitutional right to judicial protection. To reach these goals there were analyzed the views of scientists who investigated this type evidence. Unfortunately, the current CCP of Ukraine and other by-laws regulating the Institute of Electronic Evidence do not provide answers to many questions about the use of evidence from purely technical to legal ones. The legislator limited the work only to the general principles of applying a new type of evidence. Therefore, the judicial practice today is controversial when deciding whether electronic evidence is admissible and appropriate. Also in the article there is analyzed the judicial practice regarding the presentation of electronic evidence as the means of evidence to the court by the parties of the case. According to the results of theoretical study, there were made some suggestions to improve the civil procedural legislation of Ukraine.

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13

Du, Jing, and Hua Huang. "On-Site Investigation Electronic Evidence." Advanced Materials Research 268-270 (July 2011): 1792–96. http://dx.doi.org/10.4028/www.scientific.net/amr.268-270.1792.

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In the era of computer networks, digital, network, information, with the rapid development of high technology has also brought many problems. Widespread use of network, the network increasing proportion of the population, and uneven quality of the network, network become a new type of criminal tools, criminal place. Crime prevention network, has become the computer field, the legal profession must face one of the topics. And how to resist the various modus operandi, how to do in the case of the detection process did not miss any clues, it became a breakthrough in fight against computer crime areas. This paper[1] firstly outlines the theory of electronic evidence, feature analysis, which describes computer crime / network crime cases in the exploration of electronic evidence collection, extraction and analysis. [1] This work is partially supported by the Opening Project of Key Lab of Information Networks Security of Ministry of Public Security（C09608）

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14

Samonova, Viktoriia V. "Electronic Evidence in Administrative Proceedings." Cuestiones Políticas 40, no. 73 (July 29, 2022): 726–40. http://dx.doi.org/10.46398/cuestpol.4073.41.

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The study established the role of electronic evidence in the system of administrative procedures in Ukraine and in the member states of the Council of Europe. Direct observation, comparison and analysis of the content of the documents were used. The key results of the study were the peculiarities identified from the use of electronic evidence in administrative procedures among the 47 member states of the Council of Europe; established sources of creation, origin of electronic evidence to be used in administrative procedures; the resolute attitude of the European Court of Human Rights and the Committee of Ministers of the Council of Europe towards electronic evidence in administrative proceedings. Unlike paper documents, electronic documents require special attention to their review, search and involvement in the case. It is concluded that the study of electronic evidence should be approached from the point of view of the knowledge and skills of specialists, experts and interpreters who have the appropriate license and experience. The prospects for further investigations are establishing the importance of law enforcement agencies in the field of cybersecurity in ensuring the integrity of electronic evidence used in administrative proceedings.

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15

Green, Elena Anatolievna. "Electronic evidence in civil proceedings." Аграрное и земельное право, no. 12 (2021): 229–31. http://dx.doi.org/10.47643/1815-1329_2021_12_229.

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16

Shalumov, M. S. "Electronic evidence in criminal proceedings." Criminal Procedure, no. 12 (2021): 80–85. http://dx.doi.org/10.53114/20764413_2021_12_80.

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17

Pastukhov, Pavel S. "ELECTRONIC EVIDENCE IN CRIMINAL PROCEEDINGS." Vestnik Tomskogo gosudarstvennogo universiteta, no. 396 (July 1, 2015): 149–53. http://dx.doi.org/10.17223/15617793/396/27.

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18

Vladimirovich, Bilalov Alexey, Golubtsov Valery Gennadievich, Makolkin Nikita Nikolayevich, and Khasanshin Ramil Ilgizovich. "Electronic evidence in civil proceedings." Laplage em Revista 6, Extra-A (December 14, 2020): 23–27. http://dx.doi.org/10.24115/s2446-622020206extra-a551p.23-27.

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This article examines the issues of electronic evidence - their legal nature, the procedure for a party disclosing and evaluation by the court. The author analyzes the works of both Russian and foreign experts on civil procedure, as well as on the issues of electronic technology. Furthermore, the authors have examined the previous related studies of Russian and foreign scholars, legislation of Great Britain, Germany, France and European experience represented by EU directives. In this study, it is attempted to consider not only the issues of exclusively legal analysis, but also the philosophy of proof. This term is actively used in foreign legal science, and there is a much broader legal methodology, that is, a general scientific methodology and an interdisciplinary approach are used actively.

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19

Shailer, Gabriella. "Electronic Telecommunications Data as Evidence." Alternative Law Journal 41, no. 1 (March 2016): 56–57. http://dx.doi.org/10.1177/1037969x1604100114.

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20

Giordano, Scott M. "Electronic Evidence and the Law." Information Systems Frontiers 6, no. 2 (June 2004): 161–74. http://dx.doi.org/10.1023/b:isfi.0000025783.79791.c8.

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21

Sethia, Aradhya. "Rethinking admissibility of electronic evidence." International Journal of Law and Information Technology 24, no. 3 (May 9, 2016): 229–50. http://dx.doi.org/10.1093/ijlit/eaw005.

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22

Korol, S. S., and O. V. Kolisnyk. "ELECTRONIC EVIDENCE: THEIR EVALUATION CRITERIA." Juridical scientific and electronic journal, no. 4 (2024): 158–60. http://dx.doi.org/10.32782/2524-0374/2024-4/35.

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23

Wibisono, Yusuf. "KEDUDUKAN ALAT BUKTI ELEKTRONIK DALAM PERKARA DI PENGADILAN AGAMA." Al-Mabsut : Jurnal Studi Islam dan Sosial 16, no. 2 (September 18, 2022): 219–31. http://dx.doi.org/10.56997/almabsut.v16i2.687.

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Abstract: Human activities that have started using electronics have an effect on the condition of the evidence, namely the electronic device itself. The problem that arises as a problem in the verification process is the emergence of a variety of electronic transactions which then gave birth to certain electronic transactions, which on the other hand are evidence that can be used in the future. Even though the procedural law has not been proven through electronic evidence. If this phenomenon is ruled out, then evidence as an effort to provide certainty and truth about the existence of certain events will be hampered. Each piece of evidence has its own strength of evidence which has been determined by law. The type of research used in compiling this journal is library research by reviewing and researching various documents or literature, such as: books, fiqh books, laws and regulations, jurisprudence that are related to this research. The results of this study are how to prove by using Electronic Information evidence in a case in a religious court the same as submitting written or letter evidence, which is submitted in a civil trial, namely in the form of a copy or photocopy of the written evidence, and must be matched. with the original first. Electronic evidence brought to trial must be verified. If the evidence produced by the electronic object is true, then the electronic evidence must be classified as evidence. Keywords: Position, Electronic Evidence, Religious Court

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24

Dinant, Jean‐Marc. "The long way from electronic traces to electronic evidence." International Review of Law, Computers & Technology 18, no. 2 (July 2004): 173–83. http://dx.doi.org/10.1080/1360086042000223481.

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25

Lal, Chhagan, and I. P. Jain. "Electronic Structure of 2H-Tetraphenylporphyrin at Fe/Si (100) Interface." ISRN Analytical Chemistry 2013 (September 30, 2013): 1–7. http://dx.doi.org/10.1155/2013/637219.

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Many recent studies have highlighted the possibility to tailor the physical and chemical properties of porphyrin at the molecular level to design novel catalysts, sensors and devices with applications in electronics, opto-electronics, and so forth. In the present work, we study the electronic properties of 2H-Tetraphenylporphyrin (2H-TPP) on iron (Fe) and iron silicide (Fe3Si) onto Si (100) substrate using X-ray and Ultraviolet photoelectron spectroscopy (XPS & UPS). The results revealed that the iron atom is coordinated by TPP molecules on Fe/Si as well as on Fe3Si/Si. XPS results provide evidence of the iron coordination with TPP molecules. The UPS analysis evidenced the fine structure in the electronic spectra related to HOMO states below the Fermi level.

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26

Abbasi, Hafsa, Summayyah Summayyah, and Syed Naeem Badshah. "English-5 Principles of Electronic Evidence in Sharī‘Ah and Law-A Comparative Study." Al-Aijaz Research Journal of Islamic Studies & Humanities 5, no. 2 (June 20, 2021): 50–67. http://dx.doi.org/10.53575/english5.v5.02(21).50-67.

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This article is aimed at addressing the issue of principles of electronic evidence from Shari‘ah perspective. As principles of electronic evidence in common law are quite established. But this area is not addressed extensively in Islamic law. Importance of these evidences cannot be denied as most of the lawsuits now a days involve electronic evidence. It has been accepted generally, that rules of evidence for electronic evidence are the same as for physical evidence. So it is very helpful tool to make research in this area in Islamic law. It is also observed that means of proof in English and Islamic law are the same. Present study shall apply Sharī‘ah rules of evidence on electronic evidence and explore their permissibility status from the perspective of Islamic law. Major areas to be explored in this research are oral testimony, documentary evidence and circumstantial evidence.

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27

Taanimu, Adamu Idris, and Halima Doma-Kutigi. "Proof by Electronically Generated Evidence under the Evidence Act (2011)." ABUAD Law Journal 9, no. 1 (December 1, 2021): 36–50. http://dx.doi.org/10.53982/alj.2021.0901.03-j.

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The underlying principle upon which the concept of weight of evidence is based is that the court is urged to confer probative value or otherwise on a document that is being tendered and received in evidence.An invitation to ascribe probative value to a document which is evidence before the court works on the assumption that the document has been admitted in evidence as an exhibit. This assumption or presumption is rebuttable as the admissibility of a document could still be a relevant factor in the course of final addresses, judgment or even on appeal.Two key factors are critical in respect of electronic evidence in judicial trials or proceedings. These are admissibility and weight of documents. However, while the Evidence Act (2011) creates a general framework regarding the weight to be attached to such electronic evidence, it does not set out any basis for the opposing party to be able to show that the produced electronic evidence falls short of any of the above factors for probability. The challenges a party seeking to show that the produced electronic evidence is not probable are enormous. Implicit in the factor for admissibility is the confidentiality of the electronic evidence. Using doctrinal approach through content analysis of Nigerian statutes, case law, and relevant literature, the paper examines the principles relating to the ascription of probative value or weight of electronic evidence as a means of proof of a particular fact in judicial proceedings. The paper finds that generally, it is difficult to detect where the product of an electronic device has been tampered with; and since the provisions of the Evidence Act, 2011 is not clear on the authentication of electronic documents, the chance that the courts are more likely to be misled by evidence produced through an electronic device is higher than a hard copy of the evidence. Accordingly, the paper recommends that the Act be amended to include detailed rules for presenting electronically generated evidence.

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Emaltynov, Andrey R. "Some Problems of the Evaluation of Electronic Evidence in the Electronic Justice System." Arbitrazh-civil procedure 5 (May 20, 2021): 31–35. http://dx.doi.org/10.18572/1812-383x-2021-5-31-35.

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The article covers some aspects of evaluation of e-еvidences in arbitration and civil proceedings. These problems are particularly actual during application of restrictive measures against Covid-19. New technologies have caused transformation organizational and substantive aspects of evidences institution in legal proceedings. Author points specialtys evaluation of relevance, admissibility, reliability of e-еvidences, significance e-document and electronic image form, correlation between e-еvidences and others forms of evidence in arbitration and civil proceedings.

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29

Nikitashina, N. A., and K. V. Maryasov. "Electronic Evidence in the Civilistic Process." Siberian Law Herald 1 (2021): 74–79. http://dx.doi.org/10.26516/2071-8136.2021.1.74.

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The current civil procedure legislation refers to information obtained from electronic sources of information as written evidence. At the same time, electronic evidence is not an independent means of proof. The purpose of this article is to study the possibility and necessity of allocating electronic evidence as independent means of proof. The traditional approach to understanding the electronic document is based on the participation of the person in the information interaction as the author of the document and its performer. At the same time, the electronic document is characterized by its (special) properties related to its creation, change, preservation. In addition, the authors draw attention to the existence of electronic documents that do not have a human-readable form but create, modify or terminate rights and obligations. The study also points to the possibility of self-participation of computer tools in information interaction. In the article, the authors propose to distinguish electronic evidence as an independent means of proof, and also justify the theoretical and practical necessity of this approach to the legal regulation of the procedure of proof in civil and arbitration proceedings (research, recording, evaluation of evidence from electronic sources).

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30

Setyawan, Vincentius. "The Problems of Proving Electronic Evidence." Fundamental: Jurnal Ilmiah Hukum 11, no. 1 (July 13, 2022): 73–88. http://dx.doi.org/10.34304/jf.v11i1.62.

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The purpose of writing this article is to present the results of research on the problems in the existence of electronic evidence in proving civil cases, criminal cases, and state administrative cases, as well as finding solutions to these problems. This article was written using a normative legal research method with a statutory approach and a conceptual approach. The results of this study determine that there is a need for synchronization of rules regarding electronic evidence as regulated in Law Number 11 of 2008 concerning Electronic Information and Transactions as amended by Law Number 19 of 2016, and rules of procedural law, both legal criminal procedure, civil procedural law and state administrative procedural law. Keywords: Electronic Evidence, Synchronization, Procedure Law

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Voronin, M. I. "Characteristics of Electronic (Digital) Evidence Assessment." Actual Problems of Russian Law 16, no. 8 (September 4, 2021): 118–28. http://dx.doi.org/10.17803/1994-1471.2021.129.8.118-128.

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In modern criminal procedure law enforcement practice, the assessment of electronic (digital) evidence is carried out according to the general rules for assessing evidence, regulated by the criminal procedure law. At the same time, the courts often do not take into account the electronic (digital) nature of the type of evidence under consideration, which sometimes leads to an erroneous criminal legal qualification of the act or to other incorrect conclusions in the final procedural decision. Scientific comprehension of a new source of information in the system of normatively established evidence is in its active phase (and is still far from completion). However, this analysis of theoretical views and law enforcement, primarily judicial, practice makes it possible to put forward proposals for a phased reform of the criminal procedural law and adjusting law enforcement on the basis of obvious and the features of electronic (digital) evidence, which do not cause fundamental objections, concerning their essence, the specifics of collection, verification and evaluation. The paper focuses on such an element of establishment of evidence as evidence assessment, since, due to the fact that it is less formalized, the courts quite often make mistakes when assessing the relevance, admissibility and reliability of electronic (digital) evidence.

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32

Meadow, Charles T. "Editing the Evidence with Electronic Publishing." Yearbook of English Studies 29 (1999): 247. http://dx.doi.org/10.2307/3508945.

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33

Wallace, Alison M., and Robert E. Foronjy. "Electronic cigarettes: not evidence-based cessation." Translational Lung Cancer Research 8, S1 (May 2019): S7—S10. http://dx.doi.org/10.21037/tlcr.2019.03.08.

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34

Joulain-Jay, Amelia. "Developments in English: Expanding electronic evidence." ICAME Journal 40, no. 1 (March 1, 2016): 173–78. http://dx.doi.org/10.1515/icame-2016-0014.

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35

Cope, Graham. "Electronic cigarettes: weighing up the evidence." Practice Nursing 30, no. 6 (June 2, 2019): 288–91. http://dx.doi.org/10.12968/pnur.2019.30.6.288.

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Electronic cigarettes have been evaluated and assessed as a smoking cessation tool; however, as Graham Cope explains, a more cautious approach may be needed and users should be made aware of the potential harm of these devices Electronic cigarettes (e-cigarettes) have been evaluated to assess their safety and value as a smoking cessation tool. They were deemed to be a safer alternative to tobacco smoking. The vapour emitted was regarded as harmless and that society's attitudes should change to encourage these devices into everyday use, and therefore the regulations should be relaxed to assist the decline of tobacco smoking. However, a more cautious approach argues that nicotine replacement therapy should be used first, and only after that fails should smoking e-cigarettes, known as vaping, be done at low strength and for a limited period. Users should be made aware that nicotine from e-cigarettes could be harmful and the increasing use of attractive forms of vaping by young people is a worrying trend.

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36

Fraga Nunes, J. "Electronic Evidence in EU Competition Procedures:." European Competition and Regulatory Law Review 7, no. 1 (2023): 29–43. http://dx.doi.org/10.21552/core/2023/1/6.

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37

Kato, Dr Charles. "Electronic Evidence: Defining Document And Record." Asian Journal of Multidisciplinary Research & Review 03, no. 04 (2022): 83–102. http://dx.doi.org/10.55662/ajmrr.2022.3404.

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This paper aimed at examining definition of document and record in the law of evidence in different jurisdictions. This is due to the fact that the meaning of document and record as regards to their uses in legal matters has remained contentious in different jurisdictions. The paper has made a comparative analysis of definition of document with the aim of coming with the definition that is comprehensive enough to cover the further development of technology. Moreover, the study aimed at discussing the application of document in the court proceedings. Design/Methodology This paper has used descriptive study design. Empirical comparative analysis method has been employed by analysing definition of document as enshrined in different legislations of different countries and their application in court proceedings. The surveyed countries include Tanzania, Canada, US and Australia. The criteria for selection of countries involved in this study were based on convenience and availability of information needed. This study employed empirical juridical approach. Different court decision were obtained and examined. With the use of this study design, the paper has been able to meet its objectives. In general, the study used both purposive (probability) and judgement (non probability\) sampling design technique Findings This paper has found that there is a need of having a comprehensive definition of document and record that accommodates even further technological development. This reduces unnecessary amendments in the future. It was found vital to retain the dichotomy between public and private documents as regards to their admissibility to the court proceedings. It was further observed that the business documents be admissible in the same way as are public documents but their admissibility must be compounded by procedural guidance. Original/Value This study is important as it alerts the government on the need of having extensive and wide definitions of document that will be comprehensive and future orientated. Through this study, the government will observe the importance of treating the public document and private document differently in judicial proceedings. Finally, it is expected that, this study can be used by other countries to modify their internal legislations as regard to legal definition of document and record and their admissibility in legal proceedings respectively..

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Cheretskikh, Antonina V. "DIGITAL (ELECTRONIC) EVIDENCE IN CRIMINAL PROCEEDINGS." LEGAL ORDER: History, Theory, Practice 39, no. 4 (December 29, 2023): 110–17. http://dx.doi.org/10.47475/2311-696x-2023-39-4-110-117.

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This work is devoted to the study of the essence of digital evidence, special attention is paid to the conceptual apparatus. The author’s vision of the terms “digital information” and “digital evidence” is proposed and justified in the work. In our opinion, the use of these terms is most appropriate for the purposes of criminal proceedings because of their capacity relative to the terms “computer” and “electronic” information. The sphere of information circulation has expanded due to the emergence of modern digital systems that have replaced the analog signals that were common until recently. These processes have led to the fact that the crimes committed today in the field of information technology cover a wider list of acts in comparison with the computer crimes established in the criminal law. A special danger of crime in the field of digital information is connected with the fact that information and telecommunication technologies have become an integral part of the life of every modern person, thereby transforming industrial society and information society. The changes that have taken place have caused a surge in threats to information security caused by the processes of globalization of information processes, the counteraction of which requires the adoption of adequate and modern measures by state authorities.

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Miha, Elsa, and Iris Pekmezi. "Electronic evidence in the criminal process." Academic Journal of Business, Administration, Law and Social Sciences 10, no. 2 (July 1, 2024): 1–11. http://dx.doi.org/10.2478/ajbals-2024-0010.

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Abstract In a criminal process, the evidence constitutes one of the most important components of the burden of proof. In today’s reality, where technological devices and information technology are undergoing an unstoppable development, electronic evidence in the criminal process is increasingly reflecting a great practical importance, which directly affects not only the investigation and trial of criminal offenses in the field of cybernetics, but also in the discovery of all criminal offenses provided for in the Criminal Code of the Republic of Albania. Unlike the classic evidence provided expressly and in detail by the criminal procedural law, the provision in this legislation of electronic evidence is special, borrowed almost completely from the content of the Budapest Convention and which has as a distinguishing characteristic a generalizing provision and at the same time is open to include a wide range of evidence, in the variety of electronic evidence. However, despite this good forecast, due to the characteristics of electronic evidence, the lack of individuals who have specialized knowledge for obtaining and securing them, with the ultimate goal of using them in the criminal process of evidence, remains a challenge. Thus, with the focus on creating a clear picture about electronic evidence in the criminal process, this manuscript will analyse the current legal provision of electronic evidence in Albania, the efficiency of this provision in practice, including identifying characteristics of electronic evidence, the principles of electronic evidence, as well as the process of obtaining and securing them as usable during the criminal process.

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Pyatakova, A. O. "Electronic Document and Electronic Message as Evidence in Civil Procedure." Herald of Civil Procedure 7, no. 2 (2017): 213–23. http://dx.doi.org/10.24031/2226-0781-2017-7-2-213-223.

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HVASALIIA, Anhelina. "Electronic evidence as a means of evidence in commercial and administrative judicial procedure." Economics. Finances. Law 12, no. - (December 24, 2021): 8–12. http://dx.doi.org/10.37634/efp.2021.12.2.

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Introduction. The Institute of Electronic Evidence is an achievement of technological progress, which the legislator enshrined in procedural legislation in 2017. However, the Ukrainian judicial practice for more than four years has not developed an unambiguous approach to the use of electronic evidence in commercial and administrative proceedings. Purpose. In order to solve the problem, the article analyzes the preconditions for the emergence of the institute of electronic evidence, the content of this institute, the main ways of interpreting the provisions of Ukrainian and foreign legislation on electronic evidence. Results. The rules of the trial on the electronic form of evidence should be changed due to the growing amount of data in electronic form and its ability to change and destroy without outside interference, and so on. Systematic analysis of the above concept of electronic evidence allows us to identify the following features: existence in intangible form; the need to use certain technical means for reproduction; the ability to transfer or copy to different devices without losing performance; the original electronic proof can exist in many places at the same time. For the proper and effective functioning of electronic evidence in the system of commercial and administrative proceedings, it is necessary to maintain a balance. This balance is, on the one hand, in defining the concept of electronic evidence in procedural law and, on the other hand, in not limiting the forms in which such evidence can be used in court. Conclusion. Thus, the analysis of Ukrainian and foreign judicial practice makes us to conclude that the foreign practice of determining and using electronic evidence in court proceedings is partially similar to its application in Ukrainian courts. However, foreign law uses a broad interpretation of the evidence, which includes electronic evidence. In addition, the evaluation of electronic evidence in Ukraine's commercial and administrative proceedings needs to be regulated. It would be useful to borrow the experience of Germany and the United States.

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Matis, Jakub. "Certain aspects of criminal evidence and digital evidence." Analytical and Comparative Jurisprudence, no. 2 (May 11, 2024): 699–704. http://dx.doi.org/10.24144/2788-6018.2024.02.116.

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The evolution of digital technology has revolutionized the landscape of criminal investigations and legal proceedings. This paper delves into the nuanced realm of evidence, with a particular focus on digital evidence, which has become increasingly prevalent in today's digital age. The proliferation of digital information presents both opportunities and challenges for the field of criminal procedure. Recognizing the growing importance of electronic evidence in criminal investigations, the Commission has taken proactive measures to streamline the process of obtaining such evidence. New rules have been introduced to facilitate the acquisition of electronic evidence by judicial authorities. Among these rules are provisions for the creation of a European Evidence Production Order and a European Preservation Order specifically tailored for electronic evidence in criminal cases. Furthermore, providers of electronic services operating within the European Union are now required to appoint a legal representative, further enhancing the accessibility of electronic evidence for legal proceedings. Despite these advancements, the utilization of digital evidence raises complex legal questions and challenges. This paper critically examines the various implications associated with the use of digital evidence, shedding light on issues such as authenticity, admissibility, and the preservation of digital evidence. By analyzing these aspects in depth, the paper aims to provide insights into the multifaceted nature of digital evidence and its implications for criminal procedure.In addition to addressing legal complexities, the paper also seeks to establish a foundational understanding of digital evidence by providing basic definitions and classifications. By elucidating the diverse sources and forms of digital evidence, ranging from emails and transaction records to video recordings and metadata, the paper lays the groundwork for a comprehensive understanding of this evolving field. In conclusion, this paper serves as a comprehensive exploration of the role of digital evidence in contemporary criminal investigations and legal proceedings.

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Dr. Neeraj Malik. "Mutual Admissibility of Evidence and Electronic Evidence in Criminal Proceedings as per Bhartiya Sakshya Adhiniyam, 2023." Universal Research Reports 11, no. 4 (July 25, 2024): 64–72. http://dx.doi.org/10.36676/urr.v11.i4.1311.

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The Bharatiya Sakshya Adhiniyam, 2023 establishes comprehensive evidentiary standards for fair trials, including admissibility of electronic evidence. Clearer definitions of "Document," Primary Electronic Evidence, and relevant provisions of BSA, 2023 requirements associated with the Information Technology Act, 2000 were developed recently. The Supreme Court of India has addressed electronic data tampering and e-record admissibility, while the Central Government Home Affair’s Standing Committee has underlined the necessity of safeguarding digital data integrity and its value. Latest Judicial developments and new provisions on admissibility and mutual admissibility of electronic evidences are examined in the paper.

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Ryabova, Oksana. "On the expediency of including the definition of “electronic evidence” in the Criminal Procedure Law." Legal Science and Practice: Journal of Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia 2022, no. 2 (July 6, 2022): 211–16. http://dx.doi.org/10.36511/2078-5356-2022-2-211-216.

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The article is devoted to studies of “electronic evidence” institutions in a context of determination of its true position in a system of evidence sources which is formed and functions within russian criminal procedure law existing for a long time. For reviewing and then analysing in this study there have been presented positions of scientists concerning the question of appropriateness of inclusion of the definition “electronic evidence” in existing russian criminal procedure act. There is differentiated approach to the problem of studying the “electronic evidence” phenomenon and its usage as independent type in the system of physical evidences. Taking into account the actual reality conditions, usage of “electronic evidences” in the process of proof on the starting level of criminal procedure is presented from the point of practice, thus, the necessity of innovations of independent and separate type into the existing system of physical evidences is marked.

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Cherdantsev, A. Yu. "Concept of Digital Evidence, Current Status and Its Role in the Evidentiary Process." Juridical Science and Practice 15, no. 4 (2020): 55–60. http://dx.doi.org/10.25205/2542-0410-2019-15-4-55-60.

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The article analyzes the international current state of the concept of digital evidence, its meaning, types and role in the process of proving in criminal cases in the practical activities of the preliminary investigation bodies of the Russian Federation, considers some problems arising in law enforcement practice, suggests the author's classification of modern digital traces, studies and compares international practice governing the practical application of digital evidence, their concept and content. The problem of gaps in the legal regulation of digital evidence is considered, as well as the possibility of introducing amendments to the current legislation concerning the legal recognition of digital evidence along with traditional types of evidence, as well as the regulation of the use of digital evidence in criminal proceedings, and a proposal is made to introduce a number of amendments to the current legislation of the Russian Federation, where it is necessary to secure definitions of digital evidence, thus legalizing it, stating in the following re At the same time, it is noted that there is no need to introduce a separate article to regulate digital (electronic) evidences, because it is rather difficult to determine the volume of digital (electronic) evidences (digital criminally significant information), at least because there is no unanimity in this respect and there was no unanimity, besides, due to the dynamic development of electronics, including personal ones, this norm quickly lost its relevance and required amendments, creating a certain gap in legal regulation, which is more complicated.

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Fahrezi Abdullah, Rivad Achmad. "Digital Forensic Urgence in Analyzing Electronic Evidence for Evidence of Criminal Actions in Information and Electronic Transactions." Journal of Development Research 7, no. 2 (November 30, 2023): Process. http://dx.doi.org/10.28926/jdr.v7i2.238.

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This study aims to determine the position of digital examination results as electronic evidence for proving criminal acts of information and electronic transactions. This research was conducted using normative research methods. which is done by researching library materials and judges' decisions then analyzing the materials which are methods or methods used in a legal research to find answers which will later become a prescription for the legal problems faced. The results of this study indicate that digital evidence in the form of information and electronic documents and has passed the digital forensic process is legal evidence, as stated in Article 5 paragraphs (1) and (2) of Law Number 19 of 2016 concerning Electronic Information and Transactions. . So that the position of electronic evidence from the results of digital forensic examinations as evidence of expert testimony and documentary evidence at the stage of investigation and proof in the trial process.

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Verbitska, Mariana, and Viktoriia Botvynnyk. "Electronic evidence as a new type of evidence in administrative judiciary." Aktual’ni problemi pravoznavstva 1, no. 1 (2020): 48–51. http://dx.doi.org/10.35774/app2020.01.048.

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Depauw, Sofie. "Electronic Evidence in Criminal Matters: How About E-Evidence Instruments 2.0?" European Criminal Law Review 8, no. 1 (2018): 62–82. http://dx.doi.org/10.5771/2193-5505-2018-1-62.

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Ward, Burke T., Janice C. Sipior, Linda Volonino, and Carolyn Purwin. "A United States perspective on electronic discovery rules and electronic evidence." Transforming Government: People, Process and Policy 5, no. 3 (August 2, 2011): 268–79. http://dx.doi.org/10.1108/17506161111155405.

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Нan Pham, Nhu, and Nikolay Nikolayevich Demidov. "E-EVIDENCE OF CYBERCRIMINAL ACTIVITIES AS A NEW LEGAL PHENOMENON (BASED ON THE CRIMINAL PROCEDURE CODE OF THE SOCIALIST REPUBLIC OF VIETNAM, 2005)." Journal of Criminology and Criminal Law 59, no. 3 (December 29, 2021): 141–59. http://dx.doi.org/10.47152/rkkp.59.3.7.

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Today's modern global society is facing an unexpected situation where cybercrimes are becoming more and more complicated, severely violating social order and security. The Criminal Procedure Code (CrPC) Vietnam 2015 has made important amunpredictable endments and supplements to evidence and evidence institutions, which are important institutions on which procedural bodies base to perform their duties and exercise their powers. Most prominently, the regulation of evidence sources which is electronic data, an entirely new source of evidence, is to respond promptly to crimes using high technology. Within the scope of this article, the author focuses on the new points of the CrPC Vietnam 2015 on the source of evidence that is electronic data in high technology crimes. Further the principles of the evidence act has been explained with amendments in regard to electronic evidence. Finally the safeguards and procedure which needs to be adopted by the Vietnamese judiciary in handling electronic evidences.

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