The proper use of digital evidence in criminal proceedings, due to the progress of the computerization in the modern society, has become a very important issue. Therefore, within the framework of the current Code of Criminal Procedure, procedural scrutiny is needed on how to identify digital evidence and determine the potential problems. To do this, first, with the definition of the concept of digital evidence, the process of evidence collection and utilization procedures should be clearly established. You should also look for the procedures on submitting the collected evidence to the court as well as way to secure them for utilization.
Digital evidence can be defined as "digital information either stored in different kinds of digital storage medium or transmitted over wired/wireless communications network equipment, which holds a value because its reliability is guaranteed.
Digital Evidence, unlike the common physical evidence, has six distinct features: media independence, potentiality, vulnerability, massiveness, expertise, and network relativity. First, media independence means digital evidence is the 'Information' that is being sent or stored in various digital media, rather than virtually any tangible property itself. Second, potentiality implies that the digital data need to go through a course of computational procedure in order to be used as valid evidence. Third, digital information is vulnerable in that it can be modified, deleted, altered, or manipulated. Fourth, massiveness is characterized by the fact that there is a vast amount of information stored in the storage medium which is subject to search and seizure. Fifth, expertise literally means that digital evidence calls for a lot of technical skills in the process of its collection and analysis and also there is a possibility of experts' intervention along the way. Finally, network relativity signifies the existence of the many devices interconnected to each other in this Information Age.
Under the current law, the collection any digital evidence is legal within the protection of Criminal Procedure Act, Telecommunications Business Act and the Protection of Communications Secrets Act. In other words, one may collect digital evidence through search and seizure under the Criminal Procedure Act, telecommunication source request under Telecommunication Business Act, and telecommunications restriction measures taken under the Protection of Communications Secrets Act.
In order to use the collected digital information in the court, the evidence need to be proved as valid. Digital evidence can be recognized as valid by first not being illegally seized evidence' and second, its integrity, identity, and reliability must be verified. Finally, the authenticity of the person who make a original statement should be acknowledged in case the evidence falls under the category of a hearsay evidence.
Informationization has been proceeding at a rapid pace. If the Criminal Law fails to keep up with the changes resulting from such a transition, certain amount of confusion in the process of investigation procedure, trial procedure, and criminal procedure as well as the possibility of not being able to handle new types of crime is likely to take place. Efforts are needed to fully subsume digital evidence in our Criminal Procedure Act, in order to properly respond to the rapidly changing digital environment.