INNOCENT - INNOCENT case law analysis (D2.2)

This report presents analysis of selected case law in criminal matters examining the relationship between the use of electronic evidence and the application of the presumption of innocence. The case law has been selected at national level – Bulgaria, Poland, Croatia, Slovakia, the Czech Republic and Slovenia, and at European level – the Court of Justice of the European Union and the European Court of Human Rights.

The analysis focuses on the progress of the identified national case law through the respective judicial instances and notes on any changes in the indictment and/ or the judicial decision, while commenting on the (non)involvement of expert witnesses/ forensic examiners, the (non)collaboration with electronic and internet service providers, and last but not least the (non)cross-border cooperation. The treatment of the procedural parties is likewise presented. The same approach is applied to the European case law. Conclusions are drawn looking for similarities but also best practices which might find universal application.