Digital Evidence and the Right to a Fair Trial: How Technological Asymmetry Undermines Equality of Arms in Crypto Cases
Abstract
This report examines the impact of digital evidence and technological asymmetry on the realization of the right to a fair trial in cases involving cryptocurrencies and digital assets. It analyzes how unequal access to technical knowledge, data, and expert resources between the prosecution, the defense, and the court distorts the evidentiary process, shifts the burden of proof, and weakens procedural safeguards. Particular attention is given to the role of private analytics companies, closed methodologies, and the absence of unified standards for assessing digital evidence.
Fields of Study & Subjects
Education
Law
and Society
Legal processes and jurisprudence
Criminal Law and Evidence
Publication details
- Journal / source
- Zenodo (CERN European Organization for Nuclear Research)
- Publication date
- 2 February 2026
- Language
- EN