Digital (electronic) evidence and the digital (electronic) form of evidence: delimitation of concepts and its significance for criminal procedural proof

The article provides a comprehensive theoretical and methodological analysis of the correlation between the concepts of “digital (electronic) evidence” and the “digital (electronic) form of evidence” in criminal procedural proof. It is stated that, in the context of the digitalization of criminal proceedings, doctrine and law enforcement practice continue to lack unity in understanding the procedural nature of evidentiary information recorded in the electronic environment, which leads to the identification of evidence with the technical form of its fixation. It is substantiated that so-called digital (electronic) evidence does not constitute an independent ontological category of evidence, and that factual data recorded in digital form, by their procedural nature, remain testimonies, documents, material evidence, or expert opinions, depending on the manner of their obtaining and consolidation. It is proved that the digital (electronic) form of evidence is a technical and legal method of fixation, preservation, and reproduction of evidentiary information, which correlates with traditional written, oral, and material forms and does not alter the legal essence of evidence. The main features of the digital form are identified, in particular the possibility of multiple copying, dependence on technical means, increased risks of modification, and the specifics of ensuring the authenticity and integrity of data, which necessitate special procedural and forensic safeguards. It is shown that a clear delimitation of the concepts of “evidence” and “form of evidence” is of fundamental importance for resolving issues of admissibility and evaluation of evidence, exercising judicial control, ensuring the rights of the defense, and the correct qualification of procedural violations related to the obtaining and fixation of digital information. It is concluded that precisely the delimitation of the relevant concepts, rather than the declarative introduction of new types of evidence, constitutes a necessary methodological prerequisite for the formation of uniform standards of criminal procedural proof in the context of the digital transformation of criminal justice.