Digital Evidence, Due Process, and Fair Trial Guarantees in Modern Criminal Proceedings

The digital transformation of criminal justice has made digital evidence a cornerstone of modern proceedings. This article employs a descriptive-analytical and comparative legal approach to examine the relationship between digital evidence, due process, and fair trial guarantees. Digital evidence possesses distinctive characteristics technical opacity, fragility, and dependence on specialized forensic tools that fundamentally alter core procedural rights, including equality of arms, the right to challenge evidence, and disclosure. The presumption of correct computer operation, rooted in common law systems, is identified as a fundamental theoretical error. Drawing on the UK Post Office Horizon scandal, the analysis reveals three structural barriers to rebutting this presumption: incomplete disclosure, inaccessible technical complexity, and inequality of resources. In response, the emerging "right to procedural accuracy" is introduced as a necessary complement to Article ۶ of the European Convention on Human Rights. The article advances an integrated framework based on transparency, reviewability, and proportionality, offering operational criteria for judicial evaluation of digital evidence.

کلیدواژه ها:

Digital Evidence ، Due Process ، Fair Trial ، Presumption of Computer Reliability ، Right to Procedural Accuracy ، Equality of Arms ، European Convention on Human Rights