Digital Evidence and the Right to a Fair Trial: Verification Challenges and Erosion of Procedural Guarantees in Crypto Cases
This report analyzes the transformation of evidentiary standards influenced by digital technology and blockchain analytics. The research focuses on systemic threats to the right to a fair trial arising from the complexity of verifying on-chain data and the courts’ reliance on the findings of private analytical platforms. The author details the risks of “prosecutorial bias” when using opaque wallet attribution algorithms and the issue of restricted defense access to source codes and investigative methodologies. Special emphasis is placed on the need to develop new procedural standards for digital evidence that ensure true equality of arms and prevent the use of technical manipulations as indisputable judicial facts.
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