Existing evidentiary standards for the crime of fraud and some characteristics of evidence collection
Abstract:
In the era of technological development, the identification of fraud perpetrators and the implementation of criminal prosecution against them is a significant challenge for all States of the world, including Georgia. To commit crimes, perpetrators use both civil legal relations and computer systems, through which they fraudulently acquire the property of other persons.
The relevance of the work is determined by the scale of the incidence of fraud as a transnational crime and the attitude of the victim towards the actions committed by the perpetrator. Despite numerous legislative changes, the issue of obtaining certain evidence related to the crime of fraud remains problematic.
The paper mainly concerns the standards of proof of fraud crimes. Specific evidence is analyzed, the acquisition, presentation, and examination of which is associated with certain difficulties.
The paper analyzes the importance of concrete evidence in the investigation and trial process, raises problems that the prosecution (prosecutors and investigators) faces in practice, and provides alternative ways to resolve them.
Keywords:
electronic evidence, written agreement, witness/victim testimony, computer technology
