Cross-border admissibility of electronic evidence in cybercrime investigations: Lessons from the European Union for Rwanda

Aim: This paper examines the cross-border challenges surrounding the admissibility of electronic evidence in cybercrime investigations, drawing insights from the European Union to inform Rwanda’s legal and institutional development. It aims to determine how EU procedural safeguards and cross-border mechanisms can inform Rwanda’s judicial response to cybercrime, particularly in relation to the admissibility and management of electronic evidence. Methodology: The study employs a comparative legal research approach, focusing on Hungary, Germany, and Estonia as representative EU jurisdictions. Their selection reflects both legal and practical diversity within the EU while ensuring comparability with Rwanda’s predominantly civil law system. Although Rwanda blends elements of civil and common law, its legal structure, rooted in Belgian and French civil law traditions, shares fundamental characteristics with these EU countries. The analysis draws on legislation, case law, academic literature, and institutional reports to assess normative and procedural approaches to electronic evidence and cross-border cooperation. Findings: The research reveals that the EU jurisdictions studied have developed relatively advanced mechanisms for the authentication, preservation, and cross-border exchange of electronic evidence through frameworks such as the Budapest Convention, its Second Additional Protocol, and the European Investigation Order. In contrast, Rwanda faces significant procedural and institutional challenges, including limited harmonization with international standards and inadequate technical capacity. The study underscores the need for clear procedural standards, institutional capacity-building, and targeted legislative reforms inspired by EU practices to ensure the reliability and admissibility of electronic evidence before Rwandan courts. Value: This paper contributes to comparative legal scholarship by offering an evidence-based analysis of how civil law jurisdictions manage electronic evidence in cybercrime investigations. It provides actionable policy recommendations to help Rwanda modernize its evidentiary framework, enhance judicial cooperation, and align with evolving international norms in the field of cybercrime. The study ultimately underscores the centrality of electronic evidence to effective, fair, and technologically-responsive criminal justice systems.