Procedural Forms of Collecting Digital Evidence: Inspection, Copying and Sampling for Expert Examination

Abstract

This article examines the core procedural forms of collecting digital (electronic) evidence in criminal proceedings: inspection of devices and electronic data, creation of a forensic bit‑by‑bit image-расм, and sampling/collection of parameters for expert examination (control samples, metadata and hash values). In Uzbekistan, the adoption of Law No. ЎРҚ‑1003 and the Plenum of the Supreme Court Resolution of 23 June 2025 No. 14 have strengthened admissibility requirements for electronic data, including the need to document inspection, to issue a procedural decision on joining electronic materials to the case, and—where necessary—to appoint expert examination. The paper clarifies the meaning of integrity, authentication and chain of custody and shows how these criteria are operationalized through protocols, decisions and expert procedures. A comparative perspective draws on U.S. case law (Riley, Carpenter, Vayner, Griffin) and widely used digital‑forensics models. Using examples from Supreme Court of Uzbekistan practice reviews, the article demonstrates that procedural defects in documenting and verifying evidence may lead to annulment of judicial decisions. The conclusion proposes de lege ferenda measures: investigator checklists, standardized chain‑of‑custody logs, and stronger participation of digital‑forensics specialists.