Challenges of using digital evidence in pretrial investigations of online fraud: lessons for Kazakhstan from international practice

In the context of digital evidence, the issues of admissibility, authenticity, reliability, and compliance with procedural standards remain contentious in the legislation and judicial practice of many countries worldwide. The existing challenges in the use of digital evidence in pretrial investigations highlight conflicts between safeguarding personal data and the need for its use in investigations. These challenges are worsened by the increase in cybercrime, with online fraud ranking prominently among other forms. This paper aims to analyse current challenges related to the use of digital evidence in online fraud investigations and propose potential solutions. The above issues are examined in terms of their relevance to the legal system and regulatory framework of Kazakhstan. The findings reveal that in the current circumstances, the primary challenges in the field under study are both issues typical of conventional forensics (e.g., the absence of a court warrant or sanctions for collecting digital information, non-adherence to data retention and analysis requirements) and more recent problems (e.g., disruptions to the chain of digital evidence, the use of unlawful methods for collecting digital evidence). The modern demands of the forensics industry necessitate a thorough reassessment of approaches to training forensic investigators, with the establishment of a separate specialization.