Open AccessLa prueba pericial digital y la cadena de custodia
Author(s) -
González Reyes,
José Miguel
Publication year - 2021
Publication title -
anales de la facultad de derecho
Language(s) - English
Resource type - Journals
eISSN - 2530-8319
pISSN - 0075-773X
DOI - 10.25145/j.anfade.2021.38.03
Subject(s) - principle of legality , contradiction , jurisprudence , doctrine , context (archaeology) , digital evidence , commission , political science , subject (documents) , law , order (exchange) , computer science , digital forensics , business , epistemology , computer security , philosophy , world wide web , history , archaeology , finance
The appearance of the dominant digital revolution has led to a modification of social behaviour in all areas, posing new challenges to the Law that were until now unknown. This work constitutes a study of the requirements for gathering evidence, derived from the commission of crimes through computer media, its legality, and the way in which they are incorporated into criminal proceedings. In this context, it has been traditional in criminal doctrine and jurisprudence that an evidence, to be considered lawful, that is, ultimately valid, it must be brought to the process with a number of procedural guarantees, being the most relevant one the possibility to be subject to contradiction. It is in this light when computer expert, through their forensic practice, can be involved in order to confirm or deny the validity of potential evidence which, in turn, may relate to the charge or discharge of criminal proceedings.