THE LEGISLATIVE PROBLEMS ABOUT HEARING OF EVIDENCE FROM ELECTRONIC EVIDENCE IN THE CRIMINAL CASE

Abstract

The purposes of this research were 1) to study a point of view, principles, and the criminal law theory about hearing of evidence from the electronic evidence in the criminal case. 2) to study and analyze the problems about hearing of evidence from electronic evidence in the criminal case. This is documentary research.

          Result of the research:

          The point of view, principle, and the criminal law theory about hearing of evidence from the electronic evidence in the criminal case. The databases or data in a computer can easily be edited as the party should mention the origin of evidence that must be real. Reference to the criminal procedure code 28 that the prosecutors should conduct testimonial evidence. These issues must consider the electronic evidence were 1) hearing of evidence from the electronic evidence 2) examination of evidence from the electronic evidence, that case to the problems that must prove evidence by who conducts investigation, the problems that need to consider 1) problems of data authentication, it was confirmed the origin of electronic evidence and proved that is real, 2) problems of data types. Moreover, solutions of problems should set the rules to confirm the origin of electronic evidence, also should be amended or add information on the criminal procedure code, together with process of considering in criminal cases to get a standard of a confirming evidence, and the last a solution of evidence types must stipulate in clear ways.