The Rule of"Sampling Evidence Collection"in Cybercrime Cases
Cybercrime generates a vast amount of evidence,leading to difficulties in obtaining evidence.Sampling is one of the effective methods toaddress these difficulties in obtaining evidence.After studying the literature and analyzing the adjudication documents of cybercrime cases applying sampling evidence,it is found that sampling evidence in general is a practice pattern of"not needing to be used"and"not daring to be used".This is due to the fact that the attributes of sampling evidence are not clear,and that the applicable conditions,subjects,methods and specific procedures have not been systematized and are"not good to be used".And specific procedures are not systematic and"not good to use".By clarifying that sampling is an evidence generation method based on rebuttable presumption,it becomes evident that sampling should be used as a supplementary method under conditions of mass and homogeneous data.Depending on the type of evidence,either random sampling or non-random sampling should be selected.Establishing specific procedures to ensure the reasonableness of sampling will make the application in cybercrime cases more systematic and standardized,thereby effectively addressing the issue of evidence collection in cybercrime cases.
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