Electronic evidence in criminal proceedings: what you need to know

Viber chats, screenshots, geolocation, banking app statements, CCTV recordings – all of this can become evidence in criminal proceedings. But will a court always accept it? And what can a lawyer do to protect you or to prove the fault of the other side?

What electronic evidence is

Electronic evidence is any information that exists in digital form and can confirm or refute facts relevant to a case. This includes:

• messenger communications (Telegram, Viber, WhatsApp, Signal);
• emails;
• social media posts and conversations;
• file metadata (date, time, place of creation);
• CCTV recordings;
• GPS and phone geolocation data;
• electronic banking transactions;
• call logs and SMS messages.

Unlike ordinary documents, digital data has a special nature: it is easy to copy, it can be altered without a trace, and it leaves so-called digital footprints even after deletion.

Why collection is the most critical stage

Any mistake at the collection stage may result in a court rejecting even genuine and important evidence as inadmissible.

The main requirements for collecting electronic evidence in criminal proceedings are:

• Authorisation by an investigating judge. A search, temporary access to devices or interception of information from communication channels are possible only on the basis of a court ruling. Evidence obtained without one is considered inadmissible.
• Chain of custody. From the moment a device is seized until it is submitted to court, every movement and every person who had access must be documented. Any break in this chain is grounds for a challenge.
• A digital copy rather than the original. Computer forensic examinations normally use a bit-by-bit image of the medium. This preserves all metadata, including deleted files.

Verification: when evidence is called into question

The defence or the prosecution may challenge electronic evidence. The most common grounds are:

• Forgery or editing. A screenshot of a chat is the easiest document to fake. Courts are aware of this and often require verification through the provider or a forensic examination.
• Breach of data integrity. If hash values (digital fingerprints) do not match during collection or storage, the evidence can be challenged.
• Timestamp discrepancies. A difference between device time and the provider server time can either refute or confirm an alibi.
• Authorship. The fact that a message was sent from a particular number or account does not yet mean that a particular person wrote it.

How courts assess evidence: what decides a case

Judges assess electronic evidence by the same criteria as any other: relevance, admissibility, reliability and sufficiency. In practice, however, there are nuances:

• A court may order a computer forensic examination if authenticity is in doubt.
• The testimony of an IT specialist can significantly influence the assessment of evidence, especially on complex technical questions.
• International standards (ECtHR case law, practice of EU states) increasingly influence Ukrainian courts: respect for private life and the privilege against self-incrimination are becoming real arguments in digital evidence cases.

Practical advice if criminal proceedings concern you

1. Do not delete anything yourself. Deleting messages or files after proceedings have started may qualify as destruction of evidence.
2. Preserve what exists now. If you hold evidence in your favour (chats, calls, geolocation), ask your lawyer to secure it promptly through a notary or a private investigator.
3. Check how the evidence was collected. If investigative actions were carried out in relation to you or your device, find out whether they were authorised by a court.
4. Involve a specialist in time. The earlier a lawyer joins a case involving digital evidence, the more opportunities there are to challenge it or preserve important data.

This material is based on the academic publication: Petryk V.V. “The use of electronic evidence in criminal proceedings: problems of collection, verification and assessment” // Scientific Bulletin of Uzhhorod National University. Law Series. 2025. Read the original article.

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

Also in the electronic evidence series

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