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Obtaining digital evidence for criminal proceedings
Sadílek, Martin ; Gřivna, Tomáš (advisor) ; Říha, Jiří (referee)
Obtaining digital evidence for criminal proceedings Abstract The present diploma thesis analyses the criminal law procedural instruments that can be employed by the law enforcement authorities of the Czech Republic in obtaining digital evidence, mainly focusing on Act No. 141/1961 Coll., the Criminal Procedure Code. The first chapter focuses on analysing the digital evidence concept, considering various approaches to its definition. Consecutively, the term is defined for the purposes of the present thesis, and the chapter concludes with a description of the digital footprint attributes. The second chapter addresses international regulations, namely the Convention on Cybercrime, with regard to the obtaining instruments its signatories are obliged to implement in their legislation. Moreover, the chapter also analyses how the Czech Republic has fulfilled its implementation obligations. The focus of the thesis represents the analysis of the national legislation, discussing the individual procedural instruments used by law enforcement agencies and their pitfalls. In particular, the thesis emphasises the description of the identification of operational and location data, especially considering the topic of data retention and the issuance of orders for the identification of operational and location data in the...
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