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Digitálne dôkazy v medzinárodnom trestnom práve

100%
Klenka M.
Právník. Teoretický časopis pro otázky státu a práva (The Lawyer - Scientific Review for Problems of State and Law)
|
2022
|
vol. 161
|
issue 9
866-880
EN
The article addresses the fact that digital evidence is beginning to prevail and this represents not just a legal challenge for the international criminal justice system. The aim of this article is to analyse the existing legal framework governing evidence in international criminal law in the context of the use of digital evidence. The starting point is primarily the legal regulation of the International Criminal Court, but we have not forgotten other international criminal tribunals. The article not only deals with the very definition of “digital evidence”, but also deals with the rules of admissibility and exclusion of evidence before the International Criminal Court (especially Article 69 (4) and (7) of the Rome Statute), as well as issues of relevance and admissibility of evidence in general. The subject of the examination is also the authentication and reliability of digital evidence, its probative value and, last but not least, the chain of custody of digital evidence. Finally, there is also some consideration of the future use of digital evidence and the potential risks that its admission and use in court proceedings entails.
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