Working with Electronic Evidence

Procedural standards do not include any specific procedure that regulates collection, conservation, or presentation of electronic evidence in court. Generally speaking, countries apply by "analogy" the regulations in the general procedures for traditional evidence.

Many rules apply procedural processes that can be analogically applied to electronic evidence. The police and private experts in forensic computer science do not have a specific procedure for obtaining, conserving, or presenting electronic evidence in court. From the point of view of legal practice, there are general procedural standards that regulate the securing of evidence in criminal and civil cases that can be extended to electronic evidence by analogy. No procedure has been established for conserving or preserving electronic evidence, and each country will preserve the evidence in court by analogically interpreting the precepts established for traditional evidence, that is, as documentary evidence and testimonial evidence in the majority of cases.

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