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Obtaining electronic evidence and related conceptual issues

Publication at Faculty of Law |
2022

Abstract

The article deals with obtaining electronic evidence and related conceptual issues. At the beginning it aims at the definition of electronic evidence.

The current findings on the procedural regime for securing various types of electronic evidence are described. On this background the article presents an original view on the problems with the interpretation of criminal procedural law in connection with electronic evidence, where attention is drawn to the conceptually inappropriate mixing of electronic data with a material data carrier.

In this context, it is also mentioned a critical reflection of the current approaches.