Criminal procedure and digital evidence in Estonia

Abstract

In this article Eneli Laurits (a counsellor in the Ministry of Justice in Estonia) describes the impact of Estonia's decision that by the year 2020, a criminal file may be digital. Following on from this decision, it is necessary to decide how to incorporate into the law a regulation concerning digital evidence with the aim of seizing as much as possible evidence in its initial digital form, and ensuring the evidence is seized in the place where it is physically located. Taking into account the peculiarities of digital evidence, the author explains that both legal and technological details require provisions able to establish a balance between the protection of the fundamental rights of persons and procedural capabilities.

Index words: Estonia; digital evidence; status; Code of Criminal Procedure; revision