THE PRESERVATION OF THE CHAIN OF CUSTODY AS A PREREQUISITE FOR THE ADMISSIBILITY OF DIGITAL EVIDENCE

Abstract

Technological advancements have brought new tools within the scope of criminal procedural law, among which digital evidence is mentioned. Due to its fragile and easily alterable nature, the observation of a series of acts - chain of custody - is necessary to ensure the necessary requirements for its admission. In that regard, the present search deals with the preservation of the chain of custody as a prerequisite for the admissibility of digital evidence, which is a topic of paramount importance because there is a legislative omission in this regard. The approach method used was deductive, applying the technical procedure of bibliographical research, based on doctrines, articles, jurisprudence and legislation. The study is divided into three sections, which address the main aspects of evidence, particularly digital evidence, as well as the procedure related to chain of custody and the consequences of its non-observance. In the end, it was concluded that the preservation of the chain of custody can be understood as a prerequisite for the admissibility of digital evidence in criminal proceedings, as it ensures the reliability, integrity and authenticity of the evidence, in addition to its lawfulness.