Computers have entered each aspect of human life, including criminal activities. Computer criminal behavior (such as e-commerce disputes, computer crime, etc.) continuously, a new evidence - existing electronic evidence in computer and related peripherals (including network media), gradually become one of new litigation evidence. Many of the electronic evidence itself and the forensic process are different from the characteristics of traditional license and forensics.
In drug transactions, some advanced drug dealers need to retain sales records on the computer like other business people; in large smuggling activities, smuggling companies will leave smuggling in the computer, while computer and Internet have also spread pornographic content The main tool. In addition, some terrorists have also used computers to deliver messages or huge attacks. For example, the base organization exchanges data or issued instructions by digital watermarking technology.
According to the US CSI / FBI 2002 safety survey, information theft, financial fraud, internal network abuse, the loss of 455.5 million US dollars, which has increased by 58% compared with 2000. Computer forensics are critical to prosecuting such crimes. Because, in the attack event, if there is no evidence that the situation happens and the destruction of the destruction caused, there is no enormous legal recovery right when choosing the attacker through the legal path.
Computer forensics are mainly circulated around electronic evidence, and its purpose is to provide information on the crime of reflecting the crime of crime in computer and related equipment to provide an effective litigation evidence. Electronic evidence is also referred to as computer evidence, refers to electromagnetic / optical recording of the facts of the case in its recorded content during operation of the computer or computer system. The expression of electronic evidence is diverse, in particular, the emergence of multimedia technologies, more media information such as text, graphics, images, animation, audio and video, existed in multimedia forms. Computer evidence covers almost all traditional evidence types. As with traditional evidence, electronic evidence must be: credible, accurate, complete, in line with laws and regulations, can be accepted by the court. However, electronic evidence has other features, such as:
High-tech, electronic evidence, storage and transmission, must have leaving high-tech content with technical equipment, electronic evidence; electronic evidence cannot be stored and transmitted;
Intangible, not the naked eye, and must use the appropriate tool;
It is easy to destructive, may be tampered with or even delete without any traces.
Therefore, how to collect, protect, analyze and display electronics certificates, which have become a new research topic in judicial and computer science.
When the computer is delivered, the first thing to do is to freeze the computer system and do not provide opportunities for the evidence of criminals. In this regard, computer forensics and police blocking crime scenes, search programs are not different. According to the relevant US media reports, since 1992, the number of computer criminal cases submitted to the Federal Prospectus judge has increased three times, but the number of cases that actually prosecute has not changed. Because of the tricky of forensics, many cases give up the prosecution due to the lack of evidence.
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The new criminal law adopted by the five sessions of the Eighth National People's Congress has been incorporated into the criminal law legislation system. The new criminal law has three five five funds in the chapter of the social management order, stipulating four crimes management of safety order management of computer information systems. which is,
1) illegally invading the computer letter system;
2) Delete, modify, increase, interfere with computer information system function:
3) Delete, modify, increase the crime of data and application in computer information systems:
4) Deliberate production, dissemination of destructive program, etc. of computer viruses.
At the same time, in Article 285: "Violation of national regulations, invading national affairs, national defense construction, cutting-edge scientific and technical field computer system, in prison or criminals in 3 years." These behaviors are computed crimes, these criminal acts have been significantly Features are the target of the computer information system as an attack. In addition, the new criminal law is stipulated in Article 287: "With the use of computers to implement financial fraud, theft, corruption, misappropriation of public funds, stealing state secrets or other crimes, in accordance with the relevant provisions of this Law"; this one refers to the computer as a tool or means Traditional crimes, the ultimate behavior, which made it sin, is penalized with whims or according to Article 285. "Article 287 uses computer crimes to implement through the network. With the development of the Internet, there is a growing computer crime type. According to the new criminal law, violate national regulations, invading national affairs, national defense construction, Computer information system in the field of cutting-edge science; production, dissemination of computer virus, setting destructive procedures, attack computer systems and communication networks, causing damage to computer systems and communication networks; using Internet rumors, defamation or publication, disseminating other information, inciting subversion National political power, overturning socialist systems, or inciting the split country, destroying national unity; use Internet stealing, leaking state secrets, intelligence or military secrets; using the Internet to incite national hatred, national discrimination, and destroy national unity; use Internet to organize cult organization, contact Cult organization members, destroy national laws, administrative regulations; use the Internet to make fraud, theft, sell counterfeit and shoddy products or to goods, make false propaganda, fabricate and disseminate false information that affect securities and futures trading, and establish obscene websites on the Internet , Web page, link obscene site, providing obscene site link service, or transmitting obscene books, movies, audio, pictures; illegal interception, tampering, deleting others email or other data, violations of civil communication freedom and communication secret, using the Internet insult others Or fabricate the facts of the facts, violating other people's intellectual property, harming the commercial reputation and commodity credibility of others, and constitute a crime, will be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law.
However, many of our courts involved in computer crime have not been issued, or the evidence does not have legal effect, and the country has not made corresponding legal explanations in this regard, these cases cannot be tried.
There are seven evidence stipulated in Article 42 of my country's current Criminal Procedure Law, namely:
1) Test, book certificate;
2) witness testimony;
3) The victim statement;
4) The suspect, the defendant is contemplated;
5) Conclusion of identification;
6) Inspection, check the transcript;
7) Audiovisual information.
In the criminal procedure law, there is no clear text to determine electronic evidence, just as the Renmin University of China
Zhao Bingzhi
The professor said in "Computer Crime and Its Legislation and Theoretical Response" said "There are seven evidence stipulated in Article 42 of my country", that is, the problem caused by ..., even if it is collected during the process of detecting the case To some electromagnetic records, whether it can be used as a court evidence or as a type of evidence is also a problem: such as the "e-mail" form, can you get a type of objection evidence? "
However, the actual situation is not exactly, in the Supreme People's Court, the Supreme People's Procuratorate, and the General Administration of Customs on issued the "Some Problems of the Applicable Law of Smuggling Criminal Cases" (
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[2002] No. 139, it points out that "smuggling crime investigation authorities should be collected as criminal evidence for electronic information, electronic contract, electronic book, electronic information, electronic information, electronic book, electronic book, electronic information, electronic information, electronic information) Law of the Ministry of Public Security of the People's Republic of China (No. 68, 2004
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Implementation) Article 25, electronic evidence is also included in the evidence species of public security organs to handle administrative cases. Article 192 in the Expeditionary Release 1 (1999) will also list email as one of the evidence collected.
Therefore, my country is still working in the collection and use of electronic evidence. [Original: Duan Yanjie] [Contact: quan@viovao.com]
