Legal framework needed for criminal cases involving electronic evidence

November 11, 2023 - 11:25
Việt Nam needs to establish a comprehensive legal framework to effectively handle criminal cases involving electronic evidence and virtual currency, experts said.          

 

Bitcoin currency. Photo AFP/VNA

HCM CITY — Việt Nam needs to establish a comprehensive legal framework to effectively handle criminal cases involving electronic evidence and virtual currency, experts said.                 

Speaking at a meeting on Wednesday, Dr. Nguyễn Đức Hạnh, editor-in-chief of the Procuracy Magazine of the Supreme People’s Procuracy, said cybercrimes and financial fraud have become increasingly prevalent in the digital age. 

Crimes such as hacking, identity theft, and online fraud can be carried out from anywhere in the world, posing challenges for traditional legal systems, he said.

The collection and preservation of electronic evidence is one of the major hurdles in prosecuting cybercrimes, he said. It requires specialised skills and tools to identify, retrieve, and analyse such evidence, he added. 

The absence of a proper legal framework makes it difficult for law enforcement agencies to preserve electronic evidence, leading to a lack of punishment in many cases, he noted.

Experts also highlighted the role of crypto currencies, like Bitcoin, which have gained significant popularity in recent years. 

Though these currencies offer various benefits, they have also become a tool for illegal activities like money laundering, drug trafficking, and tax evasion. 

The decentralised nature of virtual currencies makes it challenging for law enforcement agencies to trace and seize such assets, which makes the investigation and prosecution of related criminal cases more challenging.

Dr. Nguyễn Thị Phương Hoa, head of the Criminal Law Department at HCM City Law University, said such a legal framework should include specific regulations on the collection, preservation, and admissibility of electronic evidence in court. 

It should establish clear guidelines for the investigation and prosecution of crimes involving virtual currencies, which would require collaboration with international agencies and organisations to enhance information sharing and cross-border cooperation in combating cybercrimes, she added. — VNS

E-paper