Digital Evidence in Criminal Procedures

Abstract

Digital evidence can be a litigant's best friend or worst nightmare, depending on the type of evidence, how it is used, and in what court it is presented. Therefore this article aims to provide an overview of computer forensics from general definitions on digital evidence, their potential sources and basic principles regarding the evaluation of phases of "crime scene investigation" and seizure of data in order to determinate the "fingerprints" of the crime. We illustrated the procedure regarding digital evidence in the USA because of its contemporariness. At last the purpose of this paper is to illustrate the “handling” of digital evidence in Macedonia and to give recommendations for a better compliance with the international instruments regarding this issue.