Digital Evidence and the Right to a Fair Trial: How Technological Asymmetry Undermines Equality of Arms in Crypto Cases

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Authors: Sergei Khrabrykh, ARGA Observatory
Cited by: 0

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