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Pham Ny H. Electronic Data as New Evidence Under the 2015 Vietnamese Criminal Procedure Code

DOI: https://doi.org/10.15688/lc.jvolsu.2022.3.20

Han Pham Ny, Police Captain, Adjunct, Faculty of Adjunct Studies, Volgograd Academy of the Ministry of Internal Affairs of the Russian Federation, Istoricheskaya St., 130, 400075 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0001-9452-8487


Introduction: the paper summarizes new material on the topic under study, introduces into scienti c circulation the concept of electronic evidence, which amendments and additions to the 2015 Vietnamese Criminal Procedure Code (hereinafter referred to as the CPC), and contains new legal rules on evidence for the effective ght against crime in modern situations. Methods: the research materials were scienti c articles, normative legal acts of the Socialist Republic of Vietnam (hereinafter referred to as SRV), expert opinions, and the Internet sources. The work used a combination of general scienti c and speci c scienti c methods: description, the method of logical comprehension, abstraction and generalization, analysis and synthesis, a systematic approach, and the statistical method. Results: as one can see electronic data is an unconventional source of evidence, which is digital symbols stored on media, electronic devices or in a global information network by processing output data, including numbers, letters, sounds, images, and etc., thereby providing information related to criminal events; they are created in a virtual space and have no borders or territories. Conclusions: at the end of the paper, it is concluded that electronic data is an unconventional source of evidence, exists in cyberspace and can go beyond the borders of the state, and this type of crime is often transnational in nature.

Key words: electronic data, source of evidence, crime, cybersecurity, criminal proceedings, information technology.

Citation. Pham Ny H. Electronic Data as New Evidence Under the 2015 Vietnamese Criminal Procedure Code. Legal Concept, 2022, vol. 21, no. 3, pp. 144-148. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2022.3.20

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