Evaluation of Digital Evidence in Criminal Proceedings in Croatia with a Focus on Preservation Requirements and Role of Standard Operative Procedures

2021 ◽  
Author(s):  
Nina Gumzej ◽  
Nikola Protrka
Keyword(s):  
Operative Procedures ◽  
Digital Evidence ◽  
Criminal Proceedings

The Victim – a Great Actor in a Minor Role? – A Comparative Perspective

2021 ◽  
Vol 11 (1) ◽  
pp. 112-128
Author(s):  
Łukasz Duśko ◽  
Mateusz Szurman
Keyword(s):  
Social Order ◽  
American English ◽  
Active Role ◽  
Criminal Court ◽  
Minor Role ◽  
Criminal Proceedings ◽  
The One ◽  
A Minor ◽  
To Receive

Recently, the role of the victim in criminal proceedings became more significant. An observation was made that the legal interests of the victim are much more severely affected by the crime than the collective legal interests in the form of public or social order. However, the differences in the rights the victim is vested with differ substantively between particular countries. The authors present the position of the victim in American, English and French law. The solutions provided for in these systems are confronted with legal regulations adopted in Poland, i.e. the home country of the authors. It shows, surprisingly, that the role of the victim in criminal proceedings has evolved somehow independently of the implementation of the concept of restitution. On the one hand, there are legal systems in which the criminal court may order the offender to pay compensation for the damage caused, but the role of the victim still remains marginal. On the other hand, there are systems in which the victim is not only entitled to receive restitution, but he or she also has significant powers which enable him or her to play an active role in the criminal proceedings.

scholarly journals Transport telecommunication networks as an information medium for obtaining information relevant to criminal proceedings: problematic issues of legal regulation

2019 ◽  
pp. 161-173
Author(s):  
O. Metelev
Keyword(s):  
Human Rights ◽  
Rapid Development ◽  
Crime Scene ◽  
Legal Regulation ◽  
Information Environment ◽  
Telecommunication Networks ◽  
Digital Evidence ◽  
Criminal Proceedings ◽  
Telecommunications Networks ◽  
National Legislation

Scientific and technological progress, as well as the rapid development of information technologies, the formation of the information society, the introduction of telecommunications systems and networks into all vital processes, the availability of digital communications and information transmission have necessitated the use of new methods of combating crime in the new information (cybernetic) space, this artificially created environment, which is an integral part of transport telecommunications networks (TTN). The extraterritorial nature of transport telecommunication networks and systems, together with the global Internet, greatly complicates their legal regulation, as it is sometimes quite difficult to determine the jurisdiction of which state relates a criminal offense. Thus, when conducting silent investigative actions, a legitimate question arises as to the lawfulness of work in the information environment of the transport telecommunication network for obtaining digital evidence in the interests of criminal proceedings. Purpose of the article: to investigate the problematic issues of legal regulation when working in transport telecommunication networks in order to obtain information relevant to criminal proceedings during the conduct of silent investigative actions. The paper draws attention to the insufficient level of scientific research to cover the problematic issues of studying transport telecommunications networks as an information medium for legal obtaining digital evidence in the interests of criminal justice. The national legislation regulating public relations in this field is analyzed, as well as the case law of the European Court of Human Rights, which reveals some «white spots» in national legislation on ensuring the legitimacy and protection of human rights in the conduct of vague private communication interventions in the information environment of transport telecommunication networks. Taking into account the extraterritorial nature of the information (cyber) space, it is concluded that there is a need for clear legislative regulation of procedural activity in the transport telecommunication networks in order to ensure the security of the individual, society and the state as a whole in this sphere. The article also discusses different approaches to legal disparities in cyber crime investigations. The question of determining the crime scene in the information (cybernetic) space is raised, an attempt is made to define the "crime scene" and provides suggestions for improving legislation.

scholarly journals ANALISIS FORENSIK UNTUK MENDETEKSI KEASLIAN CITRA DIGITAL MENGGUNAKAN METODE NIST

2020 ◽  
Vol 3 (2) ◽  
pp. 72-81
Author(s):  
Khairunnisak Khairunnisak ◽  
Hamid Ashari ◽  
Adam Prayogo Kuncoro
Keyword(s):  
Extraction Process ◽  
Digital Evidence ◽  
Legal Regulations ◽  
Image Sharpness ◽  
Hidden Information ◽  
Analysis Process ◽  
Specific Objective ◽  
Collection Phase ◽  
Original Information

Currently, the changes in image quality resulting a low-resolution images, faded colors, and so on. This condition potentially attract irresponsible parties to take advantage of the situation for certain purposes. Nowadays, it is very easy for people to manipulate, change, or delete the original information from a digital image thus cause the authenticity and integrity of the image to be doubted. This study is conducted in a specific objective to prove the authenticity of a digital evidence for analysis by providing detailed illustrations of the role of Digital Forensics in accordance with applicable legal regulations in Indonesia using the NIST workflow. The research flow begins with uncovering the background of the problem, collecting data, making scenarios, applying the NIST method, and making conclusions. The illustration used in the scenario is a video inserted into a digital evidence. The video used in this research is the Cyanide Coffee Case with the suspect Wayan Mirna Salihin, happened in August 16, 2016 which was uploaded by Kompas TV channel on Youtube. The NIST analysis phases used several tools: Exiftools, Forevid, and Video Cleaner. The result indicates that all phases in the NIST method are correlated to each other. The result is specifically very clear in the collection phase. The discovery of hidden information causes the examination and analysis process to be more complex especially the extraction process of digital evidence in the form of images. Indeed, the use of various tools are more helpful in disclosing the existing information. This information can be seen from the results of metadata, hash value, and image sharpness from the analyzed digital evidence.

scholarly journals Obtaining digital evidence in the global world

2019 ◽  
Vol 5 (2) ◽  
pp. 136-145
Author(s):  
Pedro Verdelho
Keyword(s):  
Service Providers ◽  
Digital Evidence ◽  
Internet Service Providers ◽  
State Party ◽  
Criminal Proceedings ◽  
Internet Service ◽  
Additional Protocol ◽  
Political Borders ◽  
Global World

Gathering evidence in criminal proceedings is becoming more complicated each day. Cases are no longer merely national in nature. Nowadays most of the cases require obtaining evidence from global Internet service providers. This means that evidence from a crime may be found anywhere. The Budapest Convention addresses this issue, in Article 32, allowing the competent authorities of a State Party to seek data in another’s Party territory, in limited circumstances. The Portuguese law goes beyond those limited cases, allowing Portuguese authorities to extend searches beyond the physical and political borders of Portugal, no matter where the data may physically be stored. The drafting process of a Second Additional Protocol to the Budapest Convention is currently ongoing. It is expected that this exercise will allow State Parties to the Budapest Convention to seek an agreement on a number of issues regarding obtaining evidence from the cloud, such as loss of location, or transborder searches, or direct cooperation with providers in other jurisdictions, amongst others.

scholarly journals Use of special knowledge in the detection and investigation of serious crime

2020 ◽  
Vol 3 (3) ◽  
pp. 185-190
Author(s):  
Serhiy Obshalov
Keyword(s):  
Significant Role ◽  
Criminal Proceedings ◽  
Technical Developments ◽  
Serious Crime ◽  
Preparatory Stage ◽  
Special Knowledge ◽  
Forensic Scientists ◽  
Professional Assistance ◽  
Or Team

The research highlights current aspects of the institute of special knowledge in the detection and investigation of felonies. Based on a thorough analysis of the views of prominent forensic scientists, based on current legislation, the concepts of special knowledge, forms and types of their use. Given the different professional competencies, the concept of special knowledge of an expert and a specialist is considered separately. Among the typical forms of use of special knowledge, attention is focused on those that are essential for the investigation of serious crimes, adhering to their classification into procedural and non-procedural. It is emphasized that one form of use of special knowledge passes into another, in particular, after forensic examinations, an audit is performed. Appointment and conduct of forensic examinations are covered depending on the type of serious crime (mercenary-violent, economic, etc.). Attention is paid to the choice of expert institution, the sequence of appointment and conduct of comprehensive forensic examinations. Some issues of specialist participation in the conduct of investigative (search) actions and measures of criminal proceedings are considered. The need for professional assistance during the inspection, search, investigative experiment, temporary access to things and documents at the preparatory stage, to record the progress of the investigative action, to work with traces and other evidence, during the evaluation of the results of the investigative action. The involvement of a psychologist as a consultant or specialist to compile a search psychological portrait of a criminal is considered. The significant role of departmental inspections in the investigation of serious crimes in the economic and financial spheres has been noted. Attention is paid to the expediency of involving a group or «team» of various specialists to participate in investigative (search) actions, the use of innovative technical developments for forensic purposes. Examples of practical activities and interview data of practical staff are given.

scholarly journals Diagnoza w postępowaniu karnym wobec nieletnich przestępców we Francji

2020 ◽  
Vol 53 ◽  
pp. 199-209
Author(s):  
Paulina Perska-Gradowska
Keyword(s):  
Juvenile Offenders ◽  
Criminal Liability ◽  
Criminal Proceedings ◽  
Family Situation

Diagnosis in criminal proceedings against juvenile offenders in FranceThe purpose of the article is to analyse the role of diagnosis in criminal proceedings against juvenile offenders. Firstly, the conditions of juvenile criminal liability in France are presented. It is emphasised that the basic condition is being able to discern the act committed. The second part concerns the measures ordered by a judge for minors to gather information about the minor, their family situation and functioning environment. In the conclusion, the role of diagnosis in criminal proceedings is described. It is worth emphasising that the diagnosis in the French system provides support for a judge and conditions the juvenile criminal liability.

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