regions, however, note insufficient numbers of forensic examiners, differences between
capacity at federal and state level, lack of forensics tools, and backlogs due to overwhelming
quantities of data for analysis. One half of countries report that suspects make use of
encryption, rendering access to this type of evidence difficult and time-consuming without the
decryption key. In most countries, the task of analyzing electronic evidence lies with law
enforcement authorities. Prosecutors, however, must view and understand electronic evidence
in order to build a case at trial. All countries in Africa and one-third of countries in other
regions reported insufficient resources for prosecutors to do so. Prosecution computer skills
are typically lower than those of investigators. Globally, around 65 per cent of responding
countries report some form of prosecutorial cybercrime specialization. Just 10 per cent of
countries report specialized judicial services. The vast majority of cybercrime cases are handled
by non-specialized judges, who, in 40 per cent of responding countries, do not receive any
form of cybercrime-related training. Judicial training on cybercrime law, evidence collection,
and basic and advanced computer knowledge represents a particular priority.
Over 60 per cent of responding countries do not make a legal distinction between
electronic evidence and physical evidence. While approaches vary, many countries consider this
good practice, as it ensures fair admissibility alongside all other types of evidence. A number of
countries outside of Europe do not admit electronic evidence at all, making the prosecution of
cybercrime, and any other crime evidenced by electronic information, unfeasible. While
countries do not, in general, have separate evidentiary rules for electronic evidence, a number
of countries referred to principles such as: the best evidence rule, the relevance of evidence, the
hearsay rule, authenticity, and integrity, all of which may have particular application to
electronic evidence. Many countries highlighted challenges of attribution of acts to a particular
individual, and commented that this was often dependent upon circumstantial evidence.
The challenges facing both law enforcement investigators and prosecutors mean that
‘brought to justice’ rates are low for cybercrime offenders. Suspects identified per policerecorded offence are comparable for child pornography offences to other sex offences.
However, suspects per recorded offence for acts such as illegal access and computer-related
fraud or forgery are only around 25 per 100 offences. Very few countries were able to provide
data on persons prosecuted or convicted. Calculations for cybercrime offences in one country,
however, show that the ratio of persons convicted to recorded offences, is significantly lower
than for other ‘conventional’ crimes.
International cooperation
Countries responding to the study questionnaire report that between 30 and 70 per
cent of cybercrime acts involve a transnational dimension, engaging issues of transnational
investigations, sovereignty, jurisdiction, extraterritorial evidence, and a requirement for
international cooperation. A transnational dimension to a cybercrime offence arises where an
element or substantial effect of the offence is in another territory, or where part of the modus
operandi of the offence is in another territory. International law provides for a number of bases
of jurisdiction over such acts, including forms of territory-based jurisdiction and nationalitybased jurisdiction. Some of these bases are also found in multilateral cybercrime instruments.
While all countries in Europe consider that national laws provide a sufficient framework for the
criminalization and prosecution of extraterritorial cybercrime acts, around one-third to over
one-half of countries in other regions of the world report insufficient frameworks. In many
countries, provisions reflect the idea that the ‘whole’ offence need not take place within the
country in order to assert territorial jurisdiction. Territorial linkages can be made with reference
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