FIGHTING THE CLASSICAL CRIME-SCENE ASSUMPTIONS. CRITICAL ASPECTS IN ESTABLISHING THE CRIME-SCENE PERIMETER IN COMPUTER-BASED EVIDENCE CASES

Physical-world forensic investigation has the luxury of being tied to the sciences governing the investigated space, hence some assumptions can be made with some degree of certainty when investigating a crime. Cyberspace on the other hand, has a dual nature comprising both a physical layer susceptib...

Full description

Bibliographic Details
Main Authors: Cristina DRIGĂ, Svetlana PURICI
Format: Article
Language:English
Published: Nicolae Titulescu University Publishing House 2016-05-01
Series:Challenges of the Knowledge Society
Subjects:
Online Access:http://cks.univnt.ro/uploads/cks_2016_articles/index.php?dir=01_criminal_law%2F&download=CKS+2016_criminal_law_art.009.pdf
_version_ 1818970697141059584
author Cristina DRIGĂ
Svetlana PURICI
author_facet Cristina DRIGĂ
Svetlana PURICI
author_sort Cristina DRIGĂ
collection DOAJ
description Physical-world forensic investigation has the luxury of being tied to the sciences governing the investigated space, hence some assumptions can be made with some degree of certainty when investigating a crime. Cyberspace on the other hand, has a dual nature comprising both a physical layer susceptible of scientific analysis, and a virtual layer governed entirely by the conventions established between the various actors involved at a certain moment in time, defining the actual digital landscape and being the layer where the actual facts relevant from the legal point of view occur. This distinct nature renders unusable many of the assumptions which the legal professionals and the courts of law are used to operate with. The article intends to identify the most important features of cyberspace having immediate legal consequences, with the purpose to establish new and safe assumptions from the legal professional's perspective when cross-examining facts that occurred in cyberspace.
first_indexed 2024-12-20T14:40:36Z
format Article
id doaj.art-5e97d4e194474e3fb007b28b12b3e785
institution Directory Open Access Journal
issn 2068-7796
2068-7796
language English
last_indexed 2024-12-20T14:40:36Z
publishDate 2016-05-01
publisher Nicolae Titulescu University Publishing House
record_format Article
series Challenges of the Knowledge Society
spelling doaj.art-5e97d4e194474e3fb007b28b12b3e7852022-12-21T19:37:19ZengNicolae Titulescu University Publishing HouseChallenges of the Knowledge Society2068-77962068-77962016-05-016-5054FIGHTING THE CLASSICAL CRIME-SCENE ASSUMPTIONS. CRITICAL ASPECTS IN ESTABLISHING THE CRIME-SCENE PERIMETER IN COMPUTER-BASED EVIDENCE CASESCristina DRIGĂ0Svetlana PURICI1Attorney at law Cybercrime Research Centre Assoc., Iasi, RomaniaPh.D. student Svetlana Purici, Moldova State University, Faculty of Law, Chisinau, MoldovaPhysical-world forensic investigation has the luxury of being tied to the sciences governing the investigated space, hence some assumptions can be made with some degree of certainty when investigating a crime. Cyberspace on the other hand, has a dual nature comprising both a physical layer susceptible of scientific analysis, and a virtual layer governed entirely by the conventions established between the various actors involved at a certain moment in time, defining the actual digital landscape and being the layer where the actual facts relevant from the legal point of view occur. This distinct nature renders unusable many of the assumptions which the legal professionals and the courts of law are used to operate with. The article intends to identify the most important features of cyberspace having immediate legal consequences, with the purpose to establish new and safe assumptions from the legal professional's perspective when cross-examining facts that occurred in cyberspace.http://cks.univnt.ro/uploads/cks_2016_articles/index.php?dir=01_criminal_law%2F&download=CKS+2016_criminal_law_art.009.pdfcybercrimecriminal lawdigital evidencecyberspaceforensic investigation.
spellingShingle Cristina DRIGĂ
Svetlana PURICI
FIGHTING THE CLASSICAL CRIME-SCENE ASSUMPTIONS. CRITICAL ASPECTS IN ESTABLISHING THE CRIME-SCENE PERIMETER IN COMPUTER-BASED EVIDENCE CASES
Challenges of the Knowledge Society
cybercrime
criminal law
digital evidence
cyberspace
forensic investigation.
title FIGHTING THE CLASSICAL CRIME-SCENE ASSUMPTIONS. CRITICAL ASPECTS IN ESTABLISHING THE CRIME-SCENE PERIMETER IN COMPUTER-BASED EVIDENCE CASES
title_full FIGHTING THE CLASSICAL CRIME-SCENE ASSUMPTIONS. CRITICAL ASPECTS IN ESTABLISHING THE CRIME-SCENE PERIMETER IN COMPUTER-BASED EVIDENCE CASES
title_fullStr FIGHTING THE CLASSICAL CRIME-SCENE ASSUMPTIONS. CRITICAL ASPECTS IN ESTABLISHING THE CRIME-SCENE PERIMETER IN COMPUTER-BASED EVIDENCE CASES
title_full_unstemmed FIGHTING THE CLASSICAL CRIME-SCENE ASSUMPTIONS. CRITICAL ASPECTS IN ESTABLISHING THE CRIME-SCENE PERIMETER IN COMPUTER-BASED EVIDENCE CASES
title_short FIGHTING THE CLASSICAL CRIME-SCENE ASSUMPTIONS. CRITICAL ASPECTS IN ESTABLISHING THE CRIME-SCENE PERIMETER IN COMPUTER-BASED EVIDENCE CASES
title_sort fighting the classical crime scene assumptions critical aspects in establishing the crime scene perimeter in computer based evidence cases
topic cybercrime
criminal law
digital evidence
cyberspace
forensic investigation.
url http://cks.univnt.ro/uploads/cks_2016_articles/index.php?dir=01_criminal_law%2F&download=CKS+2016_criminal_law_art.009.pdf
work_keys_str_mv AT cristinadriga fightingtheclassicalcrimesceneassumptionscriticalaspectsinestablishingthecrimesceneperimeterincomputerbasedevidencecases
AT svetlanapurici fightingtheclassicalcrimesceneassumptionscriticalaspectsinestablishingthecrimesceneperimeterincomputerbasedevidencecases