Digital Evidence in Criminal Proceedings:Concept,Characteristics,and Review
The notion of electronic data in contemporary criminal proceedings has become outdated in the context of advancing digital technology and necessitates an upgrade to the concept of digital evidence.Digital evidence represents a novel form of evidence,rooted in electronic data,and integrates digital technologies such as blockchain and algorithms.This form of evidence is capable of addressing the technological challenges posed by the digital era,aligning with the evolution of the evidence legal framework,and harnessing the strengths of the classification review system.It is characterized by technical sophistication,precision in content,extensive applicability,and vulnerability in data integrity.Given the diversity of digital evidence,it is imperative to adopt distinct judicial review standards for each type.Therefore,a three-tiered classification judicial review framework,grounded in existing rules,with a focus on data authenticity,and leveraging algorithm as its cornerstone,should be established to ensure effective scrutiny of digital evidence.
digital evidencetypes of statutory evidencereview ruleselectronic dataalgorithm