Specialization of Criminal Justice Authorities in Dealing with Cybercrime
Purpose:
This paper deals with specialized cybercrime units within the criminal justice system as one of the key elements of proper response to cybercrime. The author emphasizes the need for the establishment and/or improvement of such an organization with specific powers within law enforcement and prosecution authorities as well as within courts, in order to tackle problematic issues raised by computer-related crimes, especially the ones concerning investigation and prosecution of offences committed against and/or by means of computer data and systems, and carrying out computer forensics with respect to electronic evidence in general.
Design/Methods/Approach:
The author analyses the relevant international legal framework and various national legislation chosen as examples of good practice in order to present the justification and purpose of specialization, types of specialized law enforcement units, their organization, functions, strategic and tactical responsibilities.
Findings:
Investigation and prosecution of cybercrime and forensic analysis of electronic evidence require specific skills within criminal justice authorities. Therefore, it is advisable to set up or consolidate police-type and prosecution-type cybercrime units with strategic and operational responsibilities and computer forensic capabilities within cybercrime units or as separate structures. As for judiciary, dealing with computer-related crimes requires particular knowledge and skills, and where it is compatible with the legal system of the respective country, the creation of specialized courts may be considered. In addition to the existing legal mechanisms for dealing with transnational crime, the creation of an international court or tribunal that would have jurisdiction over individuals who committed the most serious cybercrimes of global concern may also be a good solution in order to prevent serious cyber attacks from going unpunished.
Research Limitations / Implications:
The results presented in this paper are to be seen as de lege ferenda proposals for the improvement of the existing legislation related to organization and powers of authority vested in combating cybercrime.
Originality/Value:
Despite the existence of a significant number of essays dealing with cybercrime, not many of them are concerned with tactical and procedural issues of investigation and prosecution of this specific kind of crimes. The results presented in this paper are de lege ferenda proposals for the improvement of the existing legislation related to organization and powers of authority vested in combating cybercrime. Accordingly, the value of this paper may be recognized in the analysis of legal solutions regarding law enforcement and prosecution response to computer-related crime, with the emphasis on specialization of authorities involved.
UDC: 343.3/.7:004
Keywords: cybercrime, investigation, prosecution, court, specialization