South African and international legislature with relevance to the application of electronic documentation in medicolegal autopsies for practice and research purposes

Background Forensic and legal medicine requires all documentation to be recorded in a manner that is admissible in court. Issues surrounding privacy, confidentiality, and security mar the implementation of electronic document systems in medicine. Awareness of current legislature governing record keeping and electronic documentation especially in modern medicine and forensic medicine has not been sufficiently explored. This study explored the current South African and international laws that govern admissibility of evidence, especially relating to electronic evidence, for use in court and research, Findings Egypt, UK, Canada and the USA have similar legislation to South Africa regarding admissibility of electronic records. The South African Electronic Communications and Transactions Act no. 25 of 2002 defines data and the Criminal Procedure Act 51 of 1977 further defines the admissibility of evidence in court and the National Health Act regulates publication of deceased information after death. Conclusions Forensic medicine requires all documentation to be admissible in court and the storage of data thus requires proper custodianship and a high level of security, which can be achieved with modern technology. Modern medicine is evolving and technology can create secure and efficient methods of record keeping which will benefit forensic and legal medicine. Knowledge of the laws regarding admissibility of evidence can assist in creating electronic evidence that is permitted in court and can be used for research.

Law Enforcement Obstacle Against Online Gambling at Lampung Regional Police

Easy access to the world of information technology currently impacts the rise of cybercrime, including the crime of online gambling. Many efforts have been made by the government and law enforcers, including, in this case, the police, to prevent and take action against this online gambling crime, either block sites that are gambling arenas or improve the national security system to stop these gambling sites. This research aims to look at law enforcement against online gambling crimes in Bandar Lampung City and determine the factors that became an obstacle in law enforcement of online gambling crimes at Lampung Regional Police. This research method uses a normative juridical approach. Based on the discussion and research results, law enforcement against online gambling crimes in Bandar Lampung City is carried out by applying the instrument of Article 303 of the Criminal Code rather than Article 27 Paragraph (2) Jo. Article 45 of the ITE Law. The research also shows the factors that became an obstacle in law enforcement of online gambling crimes at Lampung Regional Police are: (1) Longer Detention Period for Online Gambling Crimes in the Criminal Code Instruments than the Gambling Control Act, (2) Lack of Investigators' Awareness in Information Technology, (3) Use of Electronic Evidence Requires Expert Information is inhibiting law enforcement against online gambling crimes in Bandar Lampung. Suggestions from the research are to conduct information technology guidance training to the Bandar Lampung Police Investigation and Criminal Unit.

ON THE ESSENCE OF EVIDENCE IN THE CONTEXT OF THE USE OF NEW DIGITAL TECHNOLOGIES IN CIVIL PROCEDURAL ACTIVITIES

In this article, taking into account the historical aspect, an analysis of the immanent content of such a key category as “evidence” in civil procedure is given. A gradual change in theoretical and practical points of view on the essence of judicial evidence is revealed: from a simple indication that it should be understood as a fact that convinces the justice body of the rightness of the side of a legal incident (I. Vladislavlev and others); before argumentation – proof is a dialectical trinity of content, form and procedural method of obtaining and researching legally significant information (M.K. Treushnikov and others). In the aspect of the ongoing dynamic digital transformation of public relations, the question of what essentially constitutes electronic evidence, whether it should be allocated as an independent category, or whether it is covered by means of evidence already existing in the law, is being studied. Taking into account international and Russian experience, additional arguments are presented in favor of the fact that electronic evidence can be successfully used in the consideration and resolution of civil and administrative cases by courts, regardless of their autonomous consolidation in the current procedural legislation, along with written, material and other traditional means of proof. This is explained by the fact that by themselves electronic evidence fully meets the basic criteria that characterize any evidence in modern civil procedure.

E-EVIDENCE OF CYBERCRIMINAL ACTIVITIES AS A NEW LEGAL PHENOMENON (BASED ON THE CRIMINAL PROCEDURE CODE OF THE SOCIALIST REPUBLIC OF VIETNAM, 2005)

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.

IMPACT OF MODERN TECHNOLOGIES ON FREE MOVEMENT OF EVIDENCE IN EUROPEAN UNION

According to the estimate of the EU Commission 85 percent of criminal investigations require electronic evidence, while in almost two thirds (65 percent) of the investigations where e-evidence is relevant. Investigation and prosecution of crime increasingly relies on the possibility to have access to data held by service providers, as private company. Modern criminal investigation and use of electronic evidence imposes challenges to the right to fair trial and rule of law standards. The paper identifies benefits and challenges of proposed EU instruments for facilitating e-evidence. The European Commission proposed Regulation of Production Order and Preservation Order with the aim to facilitate access to relevant data stored by service providers. The paper recognizes shortcomings of the proposed Regulation. The biggest challenge is lack of judicial oversight of orders, as a guarantee of fair trial. The paper includes recommendations and policy options for promoting judicial system for cross border access and collection of electronic data in line with EU fundamental rights standards.

On the Definition, Legal Essence and Classification of Electronic Information Used Within the Framework of International Cooperation in Criminal Matters

The article is devoted to the analysis of such a complex and multifaceted legal phenomenon as „electronic information“. The aim of the research is to define the concept and legal nature of such information. The analysis is based on materialistic dialectics, legal hermeneutics, special and comparative legal methods, a sociological approach and a forecasting method. The study shows that the doctrine and practice lacks a unified approach to understanding electronic information in criminal cases, often the concept of „electronic information“ is confused with „electronic evidence“, while losing sight of its criminal procedural application. Author comes to the conclusion that there is no legislative definition of the concept of “electronic evidence” and it is still possible to operate with the term “electronic information” today, taking into account its cross-disciplinary purpose, respectively, the author’s definition of this concept is proposed. In addition, an attempt was made to determine the types of electronic information in criminal cases, including those requested in the framework of international cooperation, namely, the provision of mutual legal assistance. As an empirical basis for the study, we used the materials contained in the Practical Guide for Requesting Electronic Evidence from Other Countries, prepared jointly by the UN Office on Drugs and Crime, the Executive Directorate of the UN Security Council Counter-Terrorism Committee and the International Association of Prosecutors in collaboration with the EuroMed Justice programs and Euromed Police.

Exploring Frontiers in Electronic Evidence: The Philippine Experience

This paper is the first formal empirical study on electronic evidence (EE) since the promulgation of Rules on Electronic Evidence (REE) by the Philippine Supreme Court in 2001. A basic qualitative research design was employed in the study. A total of 29 litigation lawyers and 13 trial judges from the Province of Cavite and the National Capital Region were the participants in the study. A qualitative survey questionnaire was used to gather data from the participants through Google Docs. Results showed that EE was more commonly presented in criminal cases, a few in civil cases, and none in quasi-judicial and administrative cases. Text messages were found to be the most frequently presented EE at trial. Results further revealed three major themes such as (1) admissibility of EE, (2) authentication of EE, and (3) suggestions on the implementation of REE. The vagueness of REE provisions on the admissibility of electronic evidence results in varying interpretations of judges, which ultimately affect their appreciation of the evidence presented at a trial. The present empirical study would indeed contribute to the scholarly discourse of electronic evidence showcasing the Philippine experience.

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

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

Use of electronic evidence by refugees in civil procedure

Purpose. The purpose of the article is to analyze the current legislation that regulates the submission of refugees to court and the study of electronic evidence by courts in civil proceedings, outline the existing problems of using electronic evidence in court proceedings and analysis of court practice of electronic evidence. Methodology. The methodology includes a comprehensive analysis and generalization of existing scientific and theoretical material and the formulation of relevant conclusions. During the research the methods of scientific cognition were used: comparative-legal, logical-semantic, functional, logical-normative. Results. The study found that the use of electronic evidence, on the one hand, has simplified the proof procedure for refugees, but on the other hand, problems remain. Scientific novelty. In the course of the research it was established that for the full use of electronic evidence in Ukraine it is expedient to refine the information and telecommunication systems of courts, to provide courts with appropriate material and technical base, which would allow unhindered research of electronic evidence. Practical significance. The significance of the study is determined by the fact that the scientific results provide a basis for improving the legislation on the use of electronic evidence by refugees in Ukraine.