Who controls cross-border cybercrime? Electronic forensics how to implement? In recent years, the increasing incidence of cybercrime has seriously damaged the normal order of the Internet. This reporter has learned that the Supreme People's Court and the Supreme People's Procuratorate have issued opinions recently on the application of criminal procedure in cybercrime cases, and the above problems are expected to be solved.
Compared with the traditional crime, cybercrime transgresses through the Internet and does not have a specific target. It is fictitious and concealed. Under the existing criminal procedure, since the number of people involved in cybercrime is usually large and scattered, it is difficult to define the jurisdiction of the case on the one hand, and it is easy to see cases of mutual promotion or dispute over the other. On the other hand, , The amount of funds involved as a conviction and sentencing standards crime cases, the public security organ is difficult to collect evidence one by one, easily lead to criminal suspects guilty of improper.
Opinions on the focus of controversial cybercrime controversy, evidence collection and other issues to make provisions. On the crime to assume that, at present the views of the expression "crime occurred server location to the" correction "Site location server for carrying out criminal acts" to avoid ambiguity. In view of the large number of cybercrimes involved and the inability to collect the relevant testimonial evidence one by one, the opinion pointed out that on the basis of a careful review of the defendant's defense and his defender's defense opinions and relevant evidence, the evidence of the entire case, the electronic evidence, And other evidence records, identify the number of victims, the number of computer information systems infringed, the amount of funds involved and other criminal facts.
In addition, although electronic evidence is of great significance for the identification of cybercrime, in practice, there is a lack of norms in the procedures for the collection, extraction and transfer of electronic evidence, which is likely to cause controversy. This reporter has learned that the views of a clear e-forensic procedures and requirements of electronic data evidence that the need to collect the principle of the original storage medium, the extraction process by two or more relevant professional knowledge of the investigators to implement, conditional, relevant activities should be carried out Video
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