Collecting Evidence in Forensic Events and Comparison of the Digital Evidence Practices of Kosovo and Turkey

Abstract

Evidence is an important concept in order to reveal whether a crime really exists or not and integrate it with all its elements. There are numerous methods of crime scene investigation in forensic cases. During the judgment phase, the most important factor that will help understand and decide the manner in which the incident took place is the evidence that will provide proof with regard to the incident. Therefore, evidence helps prosecutors and judges correctly understand and establish the relationship between the crime and the criminals and prove the committed crime and ensure correct, fair and rapid execution of the trial with the aim of reaching the material truth. Evidence obtained in the crime scene provides information with regard to the manner in which the crime was committed, the time of the crime, thebehaviour of the perpetrator, the suspect, the victim and the crime scene ensuring the establishment of the relationship between them. On the other hand, with the digital systems gaining more placein the life of the society, the crime scene has shifted from a physical environment to a digital one. Consequently, new types of crimes are committed digitally and as a result, the concept of digital evidence has arisen. There are no specific laws on the collection of digital evidence under Kosovo's legislation. On the other hand, there are legal regulations regarding digital evidence in exemplary countries such as Turkey. This study will comprise of the methods of gathering evidence in forensic cases and the comparison of the legal legislation on digital evidence in Kosovo and Turkey.

Received: 5 June 2021 / Accepted: 15 July 2021 / Published: 5 September 2021