Social Science
The right to a fair trial as a conceptual framework for digital evidence rules in criminal investigations
Radina Stoykova
Radina Stoykova
Department of Transboundary Legal Studies, Faculty of Law, University of Groningen, the Netherlands
Peer Reviewed
Abstract
Digital evidence and digital forensics have a significant impact on criminal investigation. This requires an examination if the fair trial principle remains sound in the new domain. In this paper the right to a fair trial in Art. 6 ECHR and its interpretation in case law is analysed in order to clarify its connection to evidence law and its specific application to the investigation stage of criminal proceedings. It is argued that the principle implicitly enshrines a framework for the development of universal evidence rules . Derived are two-groups of evidence rules: equality of arms based and presumption of innocence based. For each group specific challenges in the digital investigation are outlined and discussed in the context of a new governance model for digital evidence.
Key Questions
How does the right to a fair trial relate to digital evidence in criminal investigations?
The right to a fair trial, as outlined in Article 6 of the ECHR, encompasses principles such as equality of arms and the presumption of innocence. These principles are challenged in the digital evidence domain, where the reliability and completeness of evidence can be difficult to assess due to the complex nature of digital data and forensic processes. }
What challenges do digital investigations pose to fair trial principles?
Digital investigations can obscure the lawfulness of evidence collection and processing under layers of computer-facilitated operations. This complexity can hinder the defense's ability to challenge the evidence, potentially violating the equality of arms principle.}
What evidence rules are derived from the right to a fair trial in the context of digital evidence?
The study identifies two groups of evidence rules derived from the right to a fair trial: those based on equality of arms and those based on the presumption of innocence. Each group faces specific challenges in the context of digital investigations, such as the difficulty in assessing the authenticity and integrity of digital evidence.
How can the fair trial framework guide the development of digital evidence rules?
The fair trial framework can inform the creation of universal evidence rules that address the unique challenges posed by digital evidence. This includes establishing standards for the collection, preservation, and presentation of digital evidence to ensure its reliability and the protection of defendants' rights.
What are the implications of this study for criminal justice systems?
The study suggests that criminal justice systems need to adapt their evidence rules to account for the complexities of digital evidence. This adaptation is necessary to uphold the principles of a fair trial and ensure that defendants' rights are protected in the digital age.
