Cybercrime

This contribution discusses the challenges that cybercrime poses for law enforcement and the criminal justice system. Cybercrime, as a side effect of digital innovation, acts as a disruptor of the existing models of crime prevention and criminal justice. In this sense, a redesign of the social reaction systems is expected. States are obliged to reconsider the way in which crime could be prevented, detected and sanctioned as well as regulated through international cooperation. From a crime prevention perspective, the volume of cyber-offences has pushed through the adoption of technical measures (e.g., antivirus and antispam) developed by private entities while the public perception of law enforcement’s role as a major actor in cybercrime prevention has remained weak. Moreover, from an investigative perspective, private institutions have regained their momentum while the public response has been reorganising around new centres of expertise to cope with the lack of digital evidence. These disruptive effects have also impacted courts and trials so that, increasingly, professionals in cyber investigations, lawyers, prosecutors and judges need to be capable of understanding the challenges and limits of digital evidence