Procedural and forensic aspects of the use of digital evidence during pre-trial investigation under martial law with due regard to judicial practice

Abstract

The rapid digitalization of social relations and the intensification of the use of electronic means of recording information have led to a significant increase in the role of digital evidence in criminal proceedings, which is particularly evident under conditions of martial law. The legal regime of martial law has a substantial impact on the procedural and forensic conditions for obtaining digital evidence, as well as on its verification and evaluation, thereby actualizing a range of theoretical and applied problems of law enforcement.

The purpose of the article is to conduct a comprehensive analysis of the procedural and forensic aspects of the use of digital evidence during pre-trial investigation under conditions of martial law, considering current judicial practice, and to formulate well-grounded directions for improving legal regulation and the practical activities of pre-trial investigation bodies.

The study employed systemic-structural, formal-legal, comparative-legal, and formal-logical methods, as well as the generalization of judicial practice of local courts, appellate instances, and the Supreme Court, which made it possible to identify typical problems related to the admissibility and evaluation of digital evidence.

The results of the study indicate that under conditions of martial law, the fragmentation of judicial approaches to determining the procedural status of digital information persists, there is an unevenness of evidentiary standards, and increased attention is paid to substantiating deviations from general procedural procedures. It has been established that the regime of martial law in itself is not recognized by courts as a universal ground for nullifying procedural guarantees; instead, the significance of forensic correctness in the recording, preservation, and verification of the authenticity of digital data is strengthened.

The scientific novelty of the research lies in the comprehensive combination of procedural and forensic approaches to the analysis of digital evidence precisely under conditions of martial law, in clarifying their procedural status within the system of sources of evidence, as well as in forming generalized criteria for assessing the authenticity and admissibility of digital information, taking into account contemporary judicial practice. For the first time, the approaches of the Supreme Court regarding the admissibility of digital materials obtained under conditions of restricted access to infrastructure and modified procedures of proof have been systematized. In addition, the paper clarifies the concepts of “digital information”, “digital traces”, and “digital evidence” in the context of criminal procedure; substantiates the necessity of strengthening forensic standards for the recording and preservation of digital data under conditions of martial law; formulates practical recommendations for ensuring the continuity of the chain of custody of digital evidence; and identifies directions for improving criminal procedural legislation taking into account current judicial practice.

The conclusions indicate that the further development of the practice of using digital evidence requires a combination of normative clarification of their procedural status with the development of stable judicial guidelines and the implementation of forensic standards for working with digital information. It is substantiated that only under the conditions of a systemic approach is it possible to ensure a balance between the effectiveness of pre-trial investigation and the observance of the principles of criminal procedure under conditions of martial law.