Cross-Border Digital Evidence and Data Sovereignty in Criminal Proceedings. by Sergio Pommier Gallo, PhD.

This study examines the structural and doctrinal tensions arising from cross-border digital evidence in contemporary criminal proceedings. As data is increasingly stored in distributed cloud infrastructures, territorial principles of jurisdiction are challenged by the transnational nature of information flows. The research analyzes how data sovereignty conflicts, platform-mediated access, and jurisdictional fragmentation affect evidentiary admissibility, chain of custody, and due process guarantees. Using a comparative and interdisciplinary framework integrating criminal procedure, cyberlaw, and transnational governance, the study identifies systemic asymmetries in access to digital evidence and proposes a harmonized admissibility model grounded in procedural safeguards, evidentiary reliability, and international cooperation. The findings support the hypothesis that structural sovereignty fragmentation-rather than isolated procedural deficiencies-constitutes the primary constraint on effective and fair use of digital evidence in criminal justice systems. https://dx.doi.org/10.2139/ssrn.6741318