Features of electronic evidence in criminal cases: Ukrainian and global experience

Every year the number of criminal cases involving electronic evidence grows. And it is not only because we all spend more time online. The digital trace we leave has particular properties that make it both extremely valuable and extremely vulnerable as evidence.

How electronic evidence differs from paper evidence

Traditional evidence – paper documents, physical objects – has a material form. Forging or destroying it leaves traces. Digital data lives by different rules:

• Volatility. Data may change or disappear even without deliberate interference, through software updates, automatic memory clean-up or disk sector overwriting. The time factor is critical: the longer you wait before seizing a device, the more data may be lost.
• Unlimited copying. A digital file can be copied thousands of times with no difference between original and copy. This helps to preserve evidence but also creates a risk: it is difficult to prove which version is the source.
• A hidden layer of information. Every file contains metadata invisible in ordinary viewing: who created the document and when, from which device, whether it was edited. Metadata is often decisive in a case.
• Cross-border nature. Cloud data may be stored on servers in another country. Obtaining it within criminal proceedings is a complex process requiring international legal assistance.
• Technology dependence. Reading electronic evidence requires appropriate software. Obsolete formats or encrypted data may be inaccessible without specialists.

How different countries handle this

Sweden and the Netherlands have some of the most advanced systems for collecting digital evidence in the EU. They practise first-response digital forensics: specially trained investigators attend the scene with equipment for immediate secure copying of data before it can be destroyed.

The United States makes active use of arrangements with major technology companies to obtain cloud data. Apple, Google and Meta operate dedicated portals for responding to law enforcement requests.

Ukraine is moving in the same direction: since 2022 the experience of documenting evidence in international criminal investigations has raised standards of digital data handling considerably.

Practical conclusions

If you find yourself in a situation where electronic evidence matters for your case, remember:

• Timing matters – the sooner a lawyer is involved, the more scope there is to secure or challenge evidence.
• Metadata is as important as file content – do not ignore the technical side.
• Cloud data does not disappear automatically when deleted from a device – the provider may retain it for months.
• The question of where and how evidence was obtained is always worth raising in court.

This material is based on the academic publication: Petryk V.V. “Features of the use of electronic evidence in criminal procedure in Ukraine and worldwide” // Collection of Scientific Works of the National Academy of Internal Affairs, 2026. Read the original article.

Do you have questions about electronic evidence in your case? Contact us – we will arrange a free initial consultation.

Also in the electronic evidence series

• Electronic evidence in criminal proceedings: what you need to know
• What the law says about electronic evidence: definition and legal nature
• Types of electronic evidence: classification and international experience
• Electronic evidence in Ukrainian and foreign courts: what we can borrow
• Artificial intelligence and electronic evidence: new challenges for Ukrainian courts