Detecting Digital Traces: Features and Algorithm
DOI:
https://doi.org/10.32631/v.2025.03.12Keywords:
pre-trial investigation, evidence, digital trace, electronic evidence, evidence recording.Abstract
The article argues that digital traces constitute a qualitatively new category of objects of forensic investigation, which requires a revision of traditional approaches to evidence. Their forensic significance is due to their ability to reflect key elements of criminal activity and the behaviour of its perpetrators, while their specific nature (binarity, mobility, globality) determines the specifics of their detection, recording and procedural legalisation.
It has been established that digital traces are stored in many environments – from physical media and computer system resources to network platforms, cloud services and specialised Internet of Things devices. Such dispersion requires the use of complex search methods and the involvement of specialised knowledge to ensure the completeness and reliability of the results obtained.
It has been proven that the key element in ensuring the authenticity and admissibility of digital traces in criminal proceedings is the use of technical tools to verify their integrity, in particular hash functions and metadata documentation. At the same time, emphasis is placed on the need to comply with the principle of the chain of custody of evidence and the implementation of international standards (in particular, DSTU ISO/IEC 27037:2017) as basic guidelines. Of particular importance is the implementation of an algorithm for working with digital traces, which covers their detection, procedural recording, authenticity assurance, preservation and proper inclusion in the evidence system. Only under such conditions can electronic data acquire the status of full-fledged evidence in court.
It is emphasised that the effective use of digital traces in criminal proceedings is possible under the following conditions: updating procedural legislation and harmonising it with international standards; developing a unified forensic methodology for working with electronic evidence; and systematically integrating digital traces into the forensic characterisation of crimes.
It is concluded that digital traces are a strategic resource of modern evidence, capable of increasing the effectiveness of pre-trial investigations and ensuring a balance between the effectiveness of criminal prosecution and respect for human rights.
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