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Substantiation of Electronic Evidence
Hloušková, Veronika ; Gřivna, Tomáš (advisor) ; Richter, Martin (referee)
Substantiation of Electronic Evidence Abstract The subject of this master thesis is the analysis of the procedural instruments that are entrusted to the law enforcement authorities on the basis of Act No. 141/1961 Coll., on Criminal Procedure (Criminal Procedure Code) and which are used in current practice in connection with substation of electronic evidence. The main aim of this master thesis is to evaluate whether the current legislation is sufficient to effectively secure electronic evidence and at the same time protects constitutionally guaranteed fundamental rights of persons without unreasonable interference with these rights. Appropriately set procedural regulation is desirable with regard to the development of information and communication technologies, and therefore this issue is very relevant. The first chapter deals with evidence in criminal proceedings in general, using a mainly descriptive method, which is essential for understanding the whole master thesis. At the same time, it does not neglect to refer to electronic evidence, especially through examples. The second chapter is the key part of the whole master thesis, analysing the legal regulation of electronic evidence from several perspectives. First, it divides them into categories for clarity, and then discusses the procedural methods by...
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Evidence securing in virtual environment
Havlová, Miluše ; Malina, Lukáš (referee) ; Martinásek, Zdeněk (advisor)
The bachelor thesis deals with evidence securing in virtual environment. The main goal is to suggest suitable virtual environment for evidence securing which can be used in prosecution. As the next the tools that are suitable for safe securing of evidence are described. With the help of selected tools the sample of malware is secured and then the sample is analyzed and described. The suggested environment is used to evidence gathering within the frame of simulated security incident.
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Substantiation of Electronic Evidence
Krákorová, Simona ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
81 Thesis title Substantiation of Electronic Evidence Abstract Thesis deals with the substantiation of electronic evidence within the framework of criminal procedure. The importance of the issue of obtaining such a category of evidence further intensifies as the technology continues to develop. The various types of crime perpetrators simultaneously leave behind digital traces with regard to almost all cases. Therefore, the author focuses on the issue, whether is it possible to obtain such an evidence effectively. The author concurrently takes into account the question of whether the process of obtaining electronic evidence meet certain threshold of protection of the fundamental rights and freedoms of an individual. Hence, the author analyses the characteristic of the individual relevant procedures. The issue of data retention, in other words the areal data collection and preservation in the light of recent case law as well as the possible adjustments to current legislation is subject to scrutiny. Attention is drawn, inter alia, to the novel procedure which enables preventive preservation of data important for the criminal proceedings. Furthermore, the author takes into account the issue of obtaining the content of the communication by means of electronic mail. Moreover, thesis deals with the partial...
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Webpage as digital evidence
Rezek, Jan ; Míšek, Jakub (referee) ; Harašta, Jakub (advisor)
This bachelor’s thesis deals with the issue of securing websites as electronic evidence. It focuses on the analysis of legal regulations and decision-making practice concerning electronic evidence, and on this basis identifies the requirements for its preservation and securing. The thesis also examines the role of hashing functions in maintaining the integrity and authenticity of such evidence. As a result, a tool is designed and implemented for the retrieval and preservation of evidence-quality web content that is consistent with the identified requirements.
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Ensuring Long-term Data Integrity in Cloud Storage
Nohava, Martin ; Člupek, Vlastimil (referee) ; Malina, Lukáš (advisor)
The subject of the thesis is the design and development of a system to ensure the long-term integrity of data from the Nextcloud cloud storage, which manages and stores electronic evidence. In the introductory part, the terms and principles used for securing data integrity are presented, including quantum-resistant digital signature schemes. Subsequently, the architecture of the archiving system and the method of its connection with the Nextcloud cloud storage are proposed. The resulting system consists of two main components, the Archive application, which extends the web interface of the Nextcloud instance, and the archiving system, which ensures the integrity of the archived files themselves. In addition to time stamps, system also uses a quantum-resistant Dilithium signature scheme. At the end of the work, an evaluation of the implemented solution is carried out by measuring the performance of the archiving system, and options for its further development are proposed.
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Evidence in civil proceedings and Information technology
Vobořil, Daniel ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
This diploma thesis deals with the issue of evidence in civil proceedings and evidence closely related to information technology. The importance of this issue constantly intensifies together with the expansion of digitization in social relations. Particular attention is paid to the issue of electronic evidence in a broader sense, its probative value, characteristics, but also to the issue of their imputability to a specific person or authenticity. At the same time, the thesis focuses on the practical aspect of this matter and the way in which the relevant evidence is obtained and taken, especially with regard to the approach and decision-making practice of Czech courts. The overall objective of the thesis is to evaluate current practice and to define basic practical and theoretical issues arising from the specificity of such evidence. It also needed to be pointed out that there are numerous advantages electronic evidence carries, among others, the amount of information it contains. At the same time, the attention is also briefly paid to possible future developments in this area. For this very purpose, the thesis is divided into several parts in order to provide, first and foremost, insight into the general underpinnings of information technology and evidence in civil proceedings. Central to this...
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Legal framework of computer crime investigation
Rademacherová, Kristina ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Master's thesis is focused on computer crime, with an emphasis on the process of investigation. New systematics in Czech computer crime terminology is offered. Within the thesis, cybercrime is perceived as a part of computer crime. Special attention is put on various aspects of criminalistics, as the topic of investigation itself is understood from the point of view of such science. Nevertheless, criminological findings are discussed likewise. Particular emphasis is put on a link between Czech legal regulation and expert literature from the fields of law, criminalistics, criminology and technology. Master's thesis is based on Czech literature, as well as English and French writings, in addition to national and international case law. The text itself is divided into three chapters. First chapter is introducing the issue of computer and cybercrime with selected criminological characteristics, including specifics of offending within the Internet. Second chapter discusses evidence of computer crime, the electronic or digital evidence, from the point of view of criminalistics. Particular problems of digital evidence usage within Czech criminal procedure are revealed. The core of master's thesis is the third chapter. Methodology of computer crime investigation is discussed, as well as selected individual...
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Substantiation of Electronic Evidence
Jirounková, Kristýna ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Substantiation of Electronic Evidence Abstract The author focuses on the possibility of "misuse" of data as electronic evidence in the thesis. She describes specifics of electronic evidence and she points out that current technologies are so advanced that they are able to track and map the lives of individuals. The author simulates the investigation of the crime of murder, based on the idea, that thanks to the daily stored data on digital activity of persons in conjunction with GPS data, the physical activity of persons can be proven. She seeks to investigate this crime regardless of the regulation of fundamental human rights and freedoms only by electronic evidence. Eventually she assesses the procedure in the light of legislation. Finally, the author deals with the issue of confidentiality obligations of attorneys at law in connection with the use of electronic devices for the performance of their activities and she points out specifics of search of premises, where attorneys at law perform advocacy. Kristýna Jirounková Thesis 2021 Charles University, Faculty of Law
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Substantiation of Electronic Evidence
Krákorová, Simona ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
81 Thesis title Substantiation of Electronic Evidence Abstract Thesis deals with the substantiation of electronic evidence within the framework of criminal procedure. The importance of the issue of obtaining such a category of evidence further intensifies as the technology continues to develop. The various types of crime perpetrators simultaneously leave behind digital traces with regard to almost all cases. Therefore, the author focuses on the issue, whether is it possible to obtain such an evidence effectively. The author concurrently takes into account the question of whether the process of obtaining electronic evidence meet certain threshold of protection of the fundamental rights and freedoms of an individual. Hence, the author analyses the characteristic of the individual relevant procedures. The issue of data retention, in other words the areal data collection and preservation in the light of recent case law as well as the possible adjustments to current legislation is subject to scrutiny. Attention is drawn, inter alia, to the novel procedure which enables preventive preservation of data important for the criminal proceedings. Furthermore, the author takes into account the issue of obtaining the content of the communication by means of electronic mail. Moreover, thesis deals with the partial...
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Evidence securing in virtual environment
Havlová, Miluše ; Malina, Lukáš (referee) ; Martinásek, Zdeněk (advisor)
The bachelor thesis deals with evidence securing in virtual environment. The main goal is to suggest suitable virtual environment for evidence securing which can be used in prosecution. As the next the tools that are suitable for safe securing of evidence are described. With the help of selected tools the sample of malware is secured and then the sample is analyzed and described. The suggested environment is used to evidence gathering within the frame of simulated security incident.
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