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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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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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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
Klein, Jakub ; Gřivna, Tomáš (advisor) ; Bohuslav, Lukáš (referee)
Substantiation of Electronic Evidence Abstract This thesis addresses the procedural questions of securing and presenting electronic evidence in criminal proceedings. The use of modern devices and the subsequent creation of electronic evidence is very common, making it necessary for legislation as well as investigative, prosecuting and adjudicating bodies to set out an adequate framework for securing and producing such evidence. The thesis seeks to determine the limits of this framework with regard to the rights to a fair trial, privacy and secrecy of correspondence, as well as the principle of public authority interference minimization, keeping in mind that electronic evidence must be secured and produced in accordance with the Criminal Procedure Code, the Constitution and enforceable international treaties, respecting the rights of individuals but also allowing criminal proceedings to reach their ultimate goal. The thesis first concentrates on traditional instruments of securing evidence, e.g. search warrants, seizure of an item, operative-search means or various types of wiretapping. These general findings are then applied to commonly used information technologies, such as emails, documents stored on websites or social media platforms, as well as communication conducted via mobile applications. In its...
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Wiretapping and Interception of communication
Kučerová, Štěpánka ; Říha, Jiří (advisor) ; Vokoun, Rudolf (referee)
This thesis analyzes legal framework as well as other issues regarding monitoring and intercepting the substance of communication under Section 88 of the Criminal Procedure Act. Also, the characteristics of logging and accessing data relating to communication (such as times, patterns, locations and parties involved) under Section 88a are described. These institutes in certain instances represent lawful interfere with the right to respect for private life and other human rights and both are of critical importance in the investigation of many types of crimes. The thesis is systematically divided into seven chapters. Chapter One presents both concepts in their relationship to the affected basic human rights and describes characteristics, major principles as well as the procedure of issuing a wiretap and data retention warrants. As both concepts have similar features with conception of Surveillance of persons and items under the Section 158d of the Czech Criminal Procedure Act, comparison with this institute is provided in the second chapter. The third Chapter is devoted to the evolution of Wiretapping legislation and its changes due to particular amendments. The first legal regulation of Wiretapping was adopted in the Czech Criminal Procedure Act in 1991 as a response to the political revolution...
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