scholarly journals Integration of innovative technologies into crime investigation activity is the significant direction of its effectiveness increasing

2021 ◽  
Vol 2 (20) ◽  
pp. 16
Author(s):  
N. V. Pavliuk
Keyword(s):  
Law Enforcement ◽  
Digital Forensics ◽  
Technical Support ◽  
Modern World ◽  
Digital Evidence ◽  
Digital Information ◽  
Law Enforcement Agencies ◽  
Electronic Evidence ◽  
Electronic Intelligence ◽  
Investigative Activity

The article is devoted to the issues of the scientific and technical support of investigative activity. It is emphasized that nowadays fighting cybercrime determines the necessity to develop and implement the scientific and technical means, techniques and methods, as well as apply them to the activity of law enforcement agencies for prevention and investigation of crimes in the field of information and telecommunication technologies. The focus is placed on the fact that the retrieval, recording and investigation of electronic (digital) information in the pretrial investigation and its further use as evidence remain among the pressing and, at the same time, unexplored issues. It was stated that digital forensics is an integral and necessary tool in fighting cybercrime which is used for the identification, preservation, recovery, analysis, and presentation of digital evidence. The conclusion was made that with the spread of cybercrime in the modern world one of the priority directions of scientific and technical support of investigative activity is introduction of the latest means, methods and technologies of electronic intelligence into the work with electronic evidence and also protection of the sources of electronic (digital) information

scholarly journals SUATU KAJIAN YURIDIS TERHADAP PENGGUNAAN ALAT BUKTI ELEKTRONIK DALAM KEJAHATAN CYBER DALAM SISTEM PENEGAKAN HUKUM

2021 ◽  
Vol 3 (2) ◽  
pp. 11-25
Author(s):  
Ni Made Trisna Dewi,Reido Lardiza Fahrial
Keyword(s):  
Law Enforcement ◽  
Criminal Procedure ◽  
Criminal Code ◽  
Criminal Case ◽  
Law Enforcement Agencies ◽  
Electronic Evidence ◽  
Procedure Code ◽  
The Law ◽  
Witness Statements ◽  
And Function

Abuse in the electronic transaction because it is formed from an electronic process, so the object changes, the goods become electronic data and the evidence is electronic.  Referring to the provisions of positive law in Indonesia, there are several laws and regulations that have set about electronic evidence as legal evidence before the court but there is still debate between the usefulness and function of the electronic evidence itself, from that background in  The following problems can be formulated, How do law enforcement from investigations, prosecutions to criminal case decisions in cybercrimes and How is the use of electronic evidence in criminal case investigations in cybercrimes This research uses normative research methods that are moving from the existence of norm conflicts between the Criminal Procedure Code and  ITE Law Number 19 Year 2016 in the use of evidence.  The law enforcement process of the investigator, the prosecution until the court's decision cannot run in accordance with the provisions of ITE Law Number 19 of 2016, because in interpreting the use of electronic evidence still refers to Article 184 paragraph (1) KUHAP of the Criminal Procedure Code stated that the evidence used  Legitimate are: witness statements, expert statements, letters, instructions and statements of the accused so that the application of the ITE Law cannot be applied effectively The conclusion of this research is that law enforcement using electronic evidence in cyber crime cannot stand alone because the application of the Act  - ITE Law Number 19 Year 2016 still refers to the Criminal Code so that the evidence that is clear before the trial still refers to article 184 paragraph (1) KUHAP of the Criminal Procedure Code and the strength of proof of electronic evidence depends on the law enforcement agencies interpreting it because all electronic evidence is classified into  in evidence in the form of objects as  so there is a need for confidence from the legal apparatus in order to determine the position and truth of the electronic evidence.   Penyalahgunaan didalam transaksi elektronik tersebut karena terbentuk dari suatu proses elektronik, sehingga objeknya pun berubah, barang menjadi data elektronik dan alat buktinya pun bersifat elektronik. Mengacu pada ketentuan hukum positif di Indonesia, ada beberapa peraturan perundang-undangan yang telah mengatur mengenai alat bukti elektronik sebagai alat bukti yang sah di muka pengadilan tetapi tetap masih ada perdebatan antara kegunaan dan fungsi dari alat bukti elektronik itu sendiri, dari latar belakang tersebut di atas dapat dirumuskan masalah sebagai berikut, Bagaimana penegakkan hukum dari penyidikan, penuntutan sampai putusan perkara pidana dalam kejahatan cyber dan Bagaimanakah penggunaan bukti elektronik dalam pemeriksaan perkara pidana dalam kejahatan cyber Penelitian ini menggunakan metode penelitian normatif yakni beranjak dari adanya konflik norma antara KUHAP dengan Undang-undang ITE Nomor 19 Tahun 2016 dalam penggunaan alat bukti. Proses penegakkan hukum dari penyidik, penuntutan sampai pada putusan pengadilan tidak dapat berjalan sesuai dengan ketentuan Undang-undang ITE Nomor 19 Tahun 2016, karena dalam melakukan penafsiran terhadap penggunaan alat bukti Elektronik masih mengacu pada Pasal 184 ayat (1) KUHAP disebutkan bahwa alat bukti yang sah adalah: keterangan saksi, keterangan ahli, surat, petunjuk dan keterangan terdakwa. sehingga penerapan Undang-undang ITE tidak dapat diterapkan secara efektiv. Kesimpulan dari penelitian ini adalah penegakan hukum dengan menggunakan alat bukti elektronik dalam kejahatan cyber tidak bisa berdiri sendiri karena penerapan Undang-Undang ITE Nomor 19 Tahun 2016 tetap merujuk kepada KUHP sehingga alat bukti yang sah di muka persidangan tetap mengacu pada pasal 184 ayat (1) KUHAP dan Kekuatan pembuktian alat bukti elektronik tersebut tergantung dari aparat hukum dalam menafsirkannya karena semua alat bukti elektronik tersebut digolongkan ke dalam alat bukti berupa benda sebagai petunjuk sehingga diperlukan juga keyakinan dari aparat hukum agar bisa menentukan posisi dan kebenaran dari alat bukti elektronik tersebut.

scholarly journals Perspectives for Using the Programmatic Approach within the Activities of Law Enforcement Agencies of Ukraine

2019 ◽  
Vol 87 (4) ◽  
pp. 170-178
Author(s):  
O. O. Khan
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
National Guard ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
Emergency Situations ◽  
Course Of Action ◽  
State Of Research ◽  
Enforcement Activity ◽  
Investigative Activity

On the basis of the analysis of the state of research of algorithms and programming of investigative activity in criminalistics, the author has grounded the expediency of applying a programmatic approach to solving typical tactical problems in other areas of law enforcement activities. Theoretical prerequisites for the development of procedural action programs by law enforcement entities in Ukraine (criminal and procedural, operative and search, administrative and jurisdictional) have been determined. The necessity of intensifying scientific researches in the direction of development of branch concepts of tactics of different types of law enforcement activities and their constituent elements (the concept of tactics, tactical situation, tactical task, tactical technique and system of tactical techniques and their situational predetermination) has been determined. In particular, the author has determined that the investigator is not the only possible subject of being armed with tactical recommendations in the form of algorithms and programs. The subject matter of the research of criminalistic tactics is not only investigative activity, but also operative and search, judicial and prosecutorial activity in criminal proceedings. Equally important is the tactical completion of administrative activities of law enforcement agencies and, on this basis, the establishment of programs of action by police officers, border guards, National Guard, customs service, etc. in exercising their administrative powers for the protection of public order and state border, actions in emergency situations, administrative cases, etc. The justification of the possibility of applying a programmatic approach within administrative activities of law enforcement agencies is the uniformity of administrative and jurisdictional, criminal and procedural activities, which are covered by a single concept of “law enforcement activity”. It has been established that the programmatic approach can be applied in any sphere of law enforcement activity, if: 1) such activity is situational in nature, and it is possible to perform the tasks arising during the implementation of this activity through consistent implementation of certain actions; 2) there is the need to streamline these activities by providing tactical recommendations in the modern form with the use of computer technologies and the ability to use them directly in the course of action, in “field conditions”; 3) the level of elaboration of theoretical bases of tactics of a specific type of law enforcement activity is sufficient (the concept of tactics, tactical situation, tactical task, tactical technique and system of tactical techniques has been elaborated).

scholarly journals General Theoretical Issues of Improving Private Forensic Methods In The Field Of Combat Against Cybercrime

2021 ◽  
Vol 58 (1) ◽  
pp. 2705-2712
Author(s):  
Khamidov Bakhtiyor Khamidovich Et al.
Keyword(s):  
Law Enforcement ◽  
Forensic Science ◽  
International Standards ◽  
Digital Evidence ◽  
National Legislation ◽  
Electronic Evidence ◽  
Judicial Practice ◽  
Practical Research ◽  
Technical Features ◽  
Theoretical Issues

This article critically examines the problems and gaps that arise in national legislation and law enforcement practice in the fight against cybercrime. Scientifically grounded ways and means of their overcoming are theoretically analyzed. In this regard, proposals and recommendations were developed for the development of private criminology methodologies for the development of the theory of forensic science. The article was prepared with the views of theorists and practitioners, as well as technical research which were based on scientific and practical research in the field of countering cybercrime. The study analyzes a number of proprietary forensic methods that serve to improve the effectiveness of investigative actions in the fight against cybercrime. National legislation, investigative and judicial practice, international prominent practices were studied, and their achievements and drawbacks were substantiated on the basis of the author's conclusions. Based on this, the most favorable directions for combating these crimes in Uzbekistan were selected. The article provides a systematic, legal, scientific and methodological analysis of problems in this area and the author's conclusions on this matter. At the same time, the role and importance of advanced foreign experience and international standards in improving national legislation and ensuring the implementation of the tasks set in the State Program are emphasized. In addition, the concepts of "electronic evidence" and "digital evidence" were scientifically analyzed. Their content and technical features are scientifically and theoretically substantiated.

scholarly journals Wearables as Digital Evidence

2018 ◽  
Author(s):  
Tariq Khairallah
Keyword(s):  
Law Enforcement ◽  
New Technologies ◽  
Rapid Development ◽  
Wearable Devices ◽  
Digital Evidence ◽  
Law Enforcement Agencies ◽  
Legal Cases ◽  
Fitness Tracker ◽  
People Today

Digital Evidence is considered as an important type of evidence in many legal cases. Many legislations have dedicated laws to the collection, handling and admissibility of digital evidence. New technologies and new devices are rapidly being developed, which creates new sources of digital evidence. This presents a challenge to law enforcement agencies and digital investigators to stay up to date with the rapid development in the digital field. This paper discusses a relatively new source of digital evidence which is the evidence extracted from Wearable devices. A Fitbit fitness tracker is one of the most common wearable devices used by many people today. This paper presents a case study whereby data extracted from a Fitbit was used as a digital evidence. The admissibility and the challenges of using Wearables as digital evidence is also discussed.

On the Concept of Electronic Evidence and the Criteria for Their Admissibility

2021 ◽  
pp. 44-49
Author(s):  
Olga V. Zheleva ◽  
Keyword(s):  
Information Technologies ◽  
Digital Evidence ◽  
Digital Information ◽  
Criminal Proceedings ◽  
Electronic Evidence ◽  
Advantages And Disadvantages ◽  
Systemic Analysis ◽  
Digital Format ◽  
Analysis And Synthesis ◽  
Mandatory Participation

The article discusses the development of digital technologies in criminal proceedings and the process of proving in criminal cases in the era of global digitalization. Among the aspects that make this theme relevant are the dynamic development of information technologies, the conservatism and tradition of the criminal process, and the lack of proper regulation on this issue. The author aims at defining the concept of “electronic evidence”, specifying the list criteria for electronic evidence admissibility in Russian and foreign practice, and establishing the specifics of collecting evidence. The research methodology includes general and private methods of cognition: dialectical, formal-logical, comparative-legal, systemic, analysis and synthesis. The article provides an analysis of various perspectives of electronic evidence: electronic evidence is physical evidence; electronic evidence as belonging to other documents; electronic evidence as information in an electronic digital format obtained from a person, object or process and recorded on any material medium. The author adheres to the fourth position, according to which electronic evidence is an independent type of evidence, with its special form, media, mechanism of formation, and method of transformation into evidence. Providing examples of the use of electronic evidence in the Russian and foreign law enforcement practice, the author indicates their advantages and disadvantages and emphasizes that the complex storing, processing and transmitting digital information in an unchanged form determines the criteria for electronic evidence admissibility. Like other types of evidence, electronic one must meet the criteria of reliability, admissibility, and relevance. In addition, digital evidence should be subject to identification, authentication, verifiability, be complete (immutable) and reproducible. In conclusion, the author dwells on the peculiarities of collecting evidence, which should be enshrined in criminal procedural legislation: a) compliance with the general principles of collecting evidence; b) mandatory participation of a specialist; c) no actions causing a change in digital evidence before and during its collection; d) documenting all actions related to the collection, storage, access or transfer of digital evidence; e) responsibility of an official working with electronic evidence for all activities with it; e) ensuring the proper transmission or transportation of digital evidence, as well as appropriate conditions for its storage, depending on the category of information it contains.

Digital Forensics and Data Mining

2020 ◽  
pp. 240-247
Author(s):  
Mohammad Suaib ◽  
Mohd. Akbar ◽  
Mohd. Shahid Husain
Keyword(s):  
Data Mining ◽  
Digital Forensics ◽  
Traditional Approach ◽  
Information Age ◽  
Digital Evidence ◽  
Law Enforcement Agencies ◽  
Cyber Forensics ◽  
Data Mining Techniques ◽  
Digital Forensic ◽  
Efficiency And Reliability

Digital forensic experts need to identify and collect the data stored in electronic devices. Further, this acquired data has to be analyzed to produce digital evidence. Data mining techniques have been successfully implemented in various applications across the domains. Data mining techniques help us to gain insight from a large volume of data. It helps us to predict the pattern, classify the data, and other various aspects of the data based on the users' perspective. Digital forensics is a sophisticated area of research. As the information age is revolutionizing at an inconceivable speed and the information stored in digital form is growing at a rapid rate, law enforcement agencies have a heavy reliance on digital forensic techniques that can provide timely acquisition of data, zero fault data processing, and accurate interpretation of data. This chapter gives an overview of the tasks involved in cyber forensics. It also discusses the traditional approach for digital forensics and how the integration of data mining techniques can enhance the efficiency and reliability of the existing systems used for cyber forensics.

Digital Forensics

2011 ◽  
pp. 311-325
Author(s):  
David A. Dampier ◽  
A. Chris Bogen
Keyword(s):  
Law Enforcement ◽  
Digital Media ◽  
Digital Forensics ◽  
Criminal Activity ◽  
Computer Forensics ◽  
Data Recovery ◽  
Digital Evidence ◽  
Digital Forensic ◽  
Network Device

This chapter introduces the field of digital forensics. It is intended as an overview to permit the reader to understand the concepts and to be able to procure the appropriate assistance should the need for digital forensics expertise arise. Digital forensics is the application of scientific techniques of discovery and exploitation to the problem of finding, verifying, preserving, and exploiting digital evidence for use in a court of law. It involves the use of hardware and software for finding evidence of criminal activity on digital media, either in a computer or in a network device, and attributing that evidence to a suspect for the purposes of conviction. Digital forensics can also be used for non-law enforcement purposes. Data recovery is a form of computer forensics used outside of the legal arena. The authors hope that the reader will understand some of the intricacies of digital forensics and be able to intelligently respond to incidents requiring a digital forensic response.

scholarly journals International Practices of Countering the Unlawful Interference with the State Digital Information Resources

2019 ◽  
pp. 15-21
Author(s):  
Stanislav Petrov
Keyword(s):  
Law Enforcement ◽  
Cyber Security ◽  
The State ◽  
Information Resources ◽  
Digital Information ◽  
Cyber Defense ◽  
Law Enforcement Agencies ◽  
Security Systems ◽  
State Information ◽  
Unlawful Interference

The article deals with international practices of counteracting the unlawful interference with the state digital information resources. Conclusions are formulated on applying international practices for the development of cyber defense and cyber security systems in Ukraine, improvement of law enforcement agencies powers in investigating cases of the unlawful interference with the state digital information resources. Key words: information, resources, state information resources, state digital information resources.

scholarly journals Cybercrime and subculture of cybercriminals

2021 ◽  
Vol 5 (S4) ◽  
pp. 858-869
Author(s):  
Yevgen V. Kotukh ◽  
Denis V. Kislov ◽  
Tykhon S. Yarovoi ◽  
Ruslana O. Kotsiuba ◽  
Oleksandr H. Bondarenko
Keyword(s):  
Law Enforcement ◽  
Cyber Security ◽  
Modern World ◽  
The Internet ◽  
Law Enforcement Agencies ◽  
Wide Audience ◽  
Network Nodes ◽  
Cross Border ◽  
History Of

Unlike traditional types of crime, such as murder or theft, that have a long history, cybercrime is a relatively young phenomenon and a new one that emerged with the advent of the Internet. It should be noted that the very nature of the Internet is quite favourable for committing crimes. Its properties such as globality, cross-border nature, the anonymity of users, wide audience coverage, distribution of main network nodes, and their interchangeability create advantages for cybercriminals who use the Internet at all stages of crime and also allow them to effectively hide from law enforcement agencies. An important aspect of cybercrime that contributes to its spread and hinders the fight against it is the subculture of cybercriminals. This subculture needs to be given special attention, so this issue is discussed in detail in the article. Therefore, the purpose of the article was to analyse cybercrime as one of the youngest types of crime in the modern world. The history of the emergence of cybercrime and cyber-security was considered, the types of cybercrime were characterized, and the functions of cybercrime were analysed. 

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