Messenger chats, screenshots, geolocation data, digital bank statements, and CCTV footage — all of this can become evidence in a criminal case. But will a court always accept it? And what can a lawyer do to protect you — or to prove another party’s guilt?

What Are Electronic Evidence

Electronic evidence is any information that exists in digital form and can confirm or refute facts relevant to a case. This includes:

• messages from messengers (Telegram, Viber, WhatsApp, Signal);
• emails;
• social media posts and correspondence;
• file metadata (date, time, location of creation);
• CCTV recordings;
• GPS and phone geolocation data;
• electronic bank transactions;
• call logs and SMS messages.

Unlike traditional documents, digital data has a unique nature: it can be copied endlessly, may be altered without obvious trace, and leaves so-called “digital footprints” even after deletion.

Why Collection Is the Most Critical Stage

Any mistake during collection may result in even genuine and important evidence being rejected by the court as inadmissible.

Key requirements for collecting electronic evidence in criminal proceedings:

• Investigating judge’s authorisation. A search, temporary access to devices, or interception of communications is only permissible under a court order. Evidence obtained without one is deemed inadmissible.
• Chain of custody. From the moment a device is seized until it is submitted to court, every transfer and every person who had access must be documented. Any break in that chain is grounds for challenge.
• Digital copy, not the original. For computer-technical forensic examinations, a bit-for-bit copy of the storage medium is typically made. This preserves all metadata, including deleted files.

Verification: When Evidence Is Challenged

Either side may contest electronic evidence. The most common grounds:

• Falsification or editing. A screenshot of a conversation is the easiest document to forge. Courts are aware of this and often require verification through the service provider or forensic examination.
• Breach of data integrity. If hash values (digital “fingerprints”) of files do not match at any stage of collection or storage, the evidence can be challenged.
• Timestamp discrepancies. A difference between the time on a device and the server time of the provider can disprove or confirm an alibi.
• Authorship. The fact that a message was sent from a particular number or account does not automatically mean a specific person wrote it.

Court Evaluation: What Decides the Case

Judges assess electronic evidence by the same criteria as any other: relevance, admissibility, reliability, and sufficiency. In practice, however, there are nuances:

• A court may order a computer-technical forensic examination if authenticity is in doubt.
• Testimony of an IT specialist can significantly influence the evaluation, especially on complex technical matters.
• International standards (ECHR recommendations, EU member state practice) are increasingly influencing Ukrainian courts: the right to privacy and the right against self-incrimination are becoming real arguments in cases involving digital evidence.

Practical Tips: What to Do If Criminal Proceedings Concern You

1. Do not delete anything yourself. Deleting messages or files after proceedings begin may be treated as destruction of evidence.
2. Preserve what you have now. If you have evidence in your favour (chats, call records, geolocation), ask a lawyer to have it certified promptly — through a notary or a licensed investigator.
3. Check the lawfulness of evidence collection. If investigative actions were taken regarding you or your devices, find out whether they were court-authorised.
4. Engage a specialist early. The sooner a lawyer becomes involved in a case with digital evidence, the more options exist for challenging or preserving important data.

This article is based on: Petryk V.V. “Use of Electronic Evidence in Criminal Proceedings: Problems of Collection, Verification and Evaluation” // Scientific Bulletin of Uzhhorod National University. Series: Law. 2025. Read the original article.

Have questions about electronic evidence in your case? Contact us — we offer a free initial consultation.