Admissibility Of Digital Evidence In Criminal Trials
I. Admissibility of Digital Evidence in Criminal Trials — Legal Framework in Finland
Digital evidence refers to any information stored or transmitted in digital form that is presented in court to prove facts in a criminal trial. Examples include emails, chat messages, computer files, digital logs, surveillance footage, mobile phone data, and network records.
1. Relevant Finnish Legal Provisions
| Provision | Purpose |
|---|---|
| Criminal Procedure Act (Rikoslaki, 39/1889; Rikosprosessilaki 689/1997) | Establishes general rules of evidence and admissibility. |
| Chapter 17, Section 1 | Evidence must be relevant, reliable, and legally obtained. |
| Electronic Communications Act (917/2014) | Regulates interception and use of electronic communications. |
| Data Protection Act (1050/2018) | Governs lawful processing of personal data in investigations. |
2. Key Principles for Admissibility
For digital evidence to be admitted in Finnish criminal trials:
Relevance – The evidence must directly relate to a material fact in the case.
Authenticity – Courts must be convinced that the data has not been tampered with and comes from a reliable source.
Integrity – Chain of custody must be documented.
Legality of collection – Evidence collected illegally (e.g., without a warrant) may be excluded.
Expert verification – Often, forensic experts are required to verify technical data.
II. Case Law Examples
Below are five detailed Finnish cases illustrating how digital evidence is treated in criminal trials.
1. KKO 2002:83 — E-mail Evidence in Fraud Case
Facts
A suspect was accused of committing fraud through email correspondence. The prosecution presented emails sent and received from the suspect’s personal account as evidence.
Legal Issue
Can emails, without physical printouts, constitute admissible evidence?
Decision
The Supreme Court admitted the emails as evidence.
Reasoning
Emails were authenticated through server logs and ISP records.
The content was directly relevant to the fraudulent transactions.
Chain of custody was established by documenting who accessed the accounts and when.
Significance
Digital communications are admissible if authenticity and integrity can be verified.
Expert testimony on server logs strengthened the credibility.
2. KKO 2006:49 — Mobile Phone Text Messages in Assault Trial
Facts
A defendant was charged with aggravated assault. The prosecution submitted SMS messages showing threats sent by the accused.
Legal Issue
Are mobile text messages admissible without the original SIM card?
Decision
Supreme Court allowed SMS evidence, relying on telecom records and forensic printouts.
Reasoning
Telecom operator logs matched the printouts, confirming sender and recipient.
Forensic experts verified that the messages had not been altered.
Messages were highly probative to establish intent and threat.
Significance
Courts accept digital communication evidence without physical originals if reliability is demonstrated through logs and expert validation.
3. KKO 2012:65 — Digital Photos and Video Footage in Theft Case
Facts
CCTV footage from a store showed the accused stealing merchandise. Defense challenged authenticity due to possible editing.
Legal Issue
Can digital video be used if authenticity is disputed?
Decision
Supreme Court admitted the footage.
Reasoning
Forensic experts verified timestamps and metadata.
The storage device and transfer logs were documented.
Minor compression artifacts did not affect the probative value.
Significance
Courts require metadata, device logs, and forensic verification to ensure authenticity.
Video is admissible if the chain of custody is intact.
4. KKO 2015:22 — Hard Drive Evidence in Child Pornography Case
Facts
Police seized a laptop containing illegal images. Defense claimed files were planted by third parties.
Legal Issue
Is digital evidence admissible if tampering is alleged?
Decision
Supreme Court admitted the evidence after forensic examination.
Reasoning
Experts demonstrated that file creation and access timestamps were consistent with the defendant’s usage.
Hash values confirmed integrity of the images.
Evidence collection followed proper legal procedures, including a warrant.
Significance
Digital files can be admitted even when defense claims tampering, provided expert verification confirms integrity and lawful seizure.
5. KKO 2018:41 — Cloud Data in Insider Trading Investigation
Facts
An employee was accused of insider trading. Evidence included financial spreadsheets and emails stored in a cloud service.
Legal Issue
Can cloud-stored digital data be admitted?
Decision
Supreme Court admitted the cloud data.
Reasoning
Data was obtained through legal authorization.
Access logs confirmed the accused’s activity.
Expert testimony validated timestamps and edits.
Data relevance was clear, showing knowledge of non-public financial information.
Significance
Cloud-based digital evidence is admissible with authentication, access logs, and expert verification.
Location of storage (local vs. cloud) does not prevent admissibility.
III. Practical Principles from Case Law
Authentication is essential
Courts often require forensic expert reports to validate digital evidence.
Chain of custody must be maintained
Documentation of how data is collected, stored, and transferred is crucial.
Legality of acquisition
Evidence collected without authorization (e.g., hacking) is usually excluded.
Relevance and probative value
Even authentic evidence may be excluded if it is irrelevant or prejudicial.
Modern digital formats are accepted
Emails, SMS, digital photos, videos, and cloud data are all admissible if properly validated.
IV. Conclusion
Finnish courts treat digital evidence similarly to traditional evidence, but with additional scrutiny on:
Authenticity,
Integrity,
Chain of custody,
Legal acquisition, and
Expert verification.
The cases above (KKO 2002:83, 2006:49, 2012:65, 2015:22, 2018:41) illustrate that digital evidence, when properly collected and verified, is fully admissible in criminal trials. Finnish courts have consistently emphasized technical validation and expert testimony as essential for reliability.
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