The digital evidence analysis report: Configuration and fit between the means of proof of the criminal process

Abstract

Digital is a field in which research and analysis actions are also carried out when we want to clarify certain issues or litigation, because in this area also evidences behaviors of individuals or practices in organizations. In fact, it is common for such investigative actions to be carried out in companies, for example, during an internal investigation or as a result of the implementation of a compliance management system. The large amount of information on IT devices makes it practically impossible to study each of its elements individually. This has imposed that, when we want to examine certain digital evidence, it is necessary to resort to study processes that are feasible. For this reason, a procedure, that extracts the set of relevant elements related to the object of the investigation, has been developed for analyzing digital evidence: the procedure called E-Discovery. In addition, it could be completed with others that make it possible to draw conclusions based on the relevant elements. This article analyzes such processes, their configuration, the issues they raise, their essential content and how they fit into the list of existing means of proof within the judicial process.