A new handbook detailing how electronic evidence is handled in criminal cases, based on rulings from the European Court of Human Rights (ECtHR) is now available to both legal professionals and the general public. The handbook, available in English and Montenegrin, sheds light on how the European Convention on Human Rights applies to the use of digital evidence in criminal proceedings.
The Handbook deals with the case law that has been elaborated by the European Court under five different chapters, namely, the evidential value of electronic evidence, the gathering of such evidence, its use in connection with pre-trial detention, how it can form the basis for a conviction and a collection of other issues that have arisen with respect to it. It provides insights into how ECtHR rulings shape the use of electronic evidence while protecting individual rights.
This essential resource helps legal practitioners navigate the complexities of using digital evidence without violating fundamental rights, making it a crucial tool in today's digital age.
The design and publishing of the Handbook was supported by the action "Strengthening accountability of the judicial system and enhancing protection of victims' rights in Montenegro", which is part of the joint European Union and Council of Europe programme “Horizontal Facility for the Western Balkans and Türkiye”.