Unravelling the Digital Quandary: Exploring the Legal Landscape of E-Evidence in Criminal Proceedings

Unravelling the Digital Quandary: Exploring the Legal Landscape of E-Evidence in Criminal Proceedings Electronic evidence (‘e-evidence’) is described as the digital data that are used to investigate and prosecute criminal offences. In the current digital era, it is hard to find a criminal investigation without digital evidence. However, their use in the criminal proceedings is ambiguous because of their volatility. The present article explores the complexities surrounding the collection, preservation and presentation of e-evidence in criminal cases. It examines the special characteristics of electronic data, such as its volatile nature and susceptibility to obstruction, which require specialised approaches to ensure its integrity in court. Traditional rules of evidence might be inadequate to manage the technical implications of digital information. Moreover, the emergence of new technologies such as artificial intelligence (AI) introduces novel challenges in verifying the authenticity of electronic information. As a response, the legal instruments on cross-border access to e-evidence are explored alongside the recently adopted E-Evidence Regulation. In conclusion, this article aspires to shed light on the multifaceted challenges of e-evidence in criminal proceedings and focuses on the necessity to create trust in the use of this tool.