The Development of Computer Forensic Legal System in Mainland China Yonghao Mai Digital Forensics key Laboratory, Hubei University of Police, China

Prof. Yonghao Mai, PH.D. Director of the Lab Prof. Mai

Location: Wuhan, Hubei, China Degree Education: 4600 students Criminal techniques Forensics science Computer science Law Continuing Education/In-job Training Approx people per year DF Key Lab DF theory & technology research DF service & training The policing research center of Hubei

One of the most famous forensic institutions in mainland China Financially Supported by Research Projects of the state and the ministry of public security, the ministry of justice, the ministry of education. Digital Evidence Collaborative Innovation Center of Hubei Province. DF Key Lab Assisting (Aiding)the investigation of the major cases Panda burning incense virus Transnational gambling Software Piracy /infringement

Current staffing 6 researchers, 26 computer judicial experts / investigators, 2 quality managers, 2 lab managers, 4 trainers Workload Approx. 200 reports of examination / expert opinions per year Case corpora Approx drives / 25TB added per year DF Key Lab

Course of Information Security Law Publication Computer Forensics and Judicial Appraisal Electronic Data Judicial Appraisal Practice

International Communication

The Development of Computer Forensic Legal System in Mainland China

Contents

Traditional judicial appraisal does not include electronic evidence for forensics analysis. Electronic data was not considered as legal evidence. But judicial appraisal forensic reports are considered as legal evidence. So electronic data need to be transformed into forensic reports. Before 2012

On Mar. 14, 2012, the NPC approved the new criminal procedure law Anything that can be used to prove the truth of an event is an evidence, which includes …, electronic evidence. On Aug. 31, 2012, the NPC Standing Committee 28 th meeting Amendment of Civil Procedure Law of China. Confirmed that digital evidence is considered as evidence in any legal proceedings. After 2012

1. Qualification requirements to engage in computer forensic A. A senior professional technical title relating to computer forensic ， or B. Professional practicing qualifications relating to computer forensic, or C. 10 or more years of related working experience. 2. A computer judicial expert should practice in a certain institution. How to become a computer judicial expert

Judicial challenge system : A judicial expert should avoid potential conflict of interests if he/she : A. is the plaintiff/defendant or a close relative of the plaintiff/ defendant; B. his/her close relative has an interest in the case; C. has been served as a witness, advocate or defender in the case; D. has an interest with the plaintiff/defendant in the case. How to become a computer judicial expert

3. Judicial expert’s responsibility A. In a case, there should be two or more qualified judicial experts, and affix his/her name or seal on the expert report. B. If a judicial appraisal is jointly conducted by two or more judicial experts and different forensic conclusions were drawn, they should be noted in the expert report. C. Once an expert is identified to be the judicial expert of a case under legal procedures, he should perform the forensic analysis by himself, and make a signature on the expert report. D. The expert may require to appear at the court as expert witness. How to become a computer judicial expert

4. Rights of judicial experts A. Access the information and materials relating to the judicial appraisal, and interview the plaintiffs, defendants or witnesses relating to the judicial appraisal; B. Require the instructing party of the judicial appraisal to freely provide materials and samples as required by the judicial appraisal; C. Carry out the relevant inspections, examinations and simulated experiments as required by the judicial appraisal; D. Refuse to accept any request of judicial appraisal that is illegal, fails to meet the requirements of judicial appraisal or is beyond the practice scope as registered; How to become a computer judicial expert

4. Rights of judicial experts E. Refuse to answer any question irrelevant to the judicial appraisal; F. Preserve different views in the case of any inconsistency of expert opinions about the findings; G. Receive continue professional development as required by the profession; H. Obtain remunerations; I. Enjoy any other right as prescribed by law and regulations. How to become a computer judicial expert

5. Duties of judicial expert A. Designated by his/her judicial expertise institution to conduct forensic examination according to the relevant provisions in a timely and independent manner and to produce expert reports; B. Responsible for the expert opinions as produced; C. Avoid cases that may have conflict of interests; D. Preserve the materials, samples and other relevant information of the judicial appraisal in a proper manner; E. Preserve the materials, samples and other relevant information of the judicial appraisal in a proper manner; How to become a computer judicial expert

5. Duties of judicial expert F. Observe confidentiality when handling information and materials of cases, which includes state secrets, commercial secrets as well as individual privacy; G. Appear in a court as expert witness and answering any query relating to the judicial appraisal; H. Subject to audit and inspect by authority of justice; I. Attend proper training and continue professional development of judicial appraisal; J. Perform any other obligation as prescribed by law or regulation. How to become a computer judicial expert

name and premises; a capital of at least 0.2 million RMB; clear defined practicing scope; 3 or more judicial experts for each practicing scope; a testing lab passed measurement certification or laboratory accreditation; instruments and equipment. How to build a Judicial expertise institution

The weight of an expert opinion for a case depends on its relationship with the case. A. Normally, expert opinion based on facts is higher than others. B. Expert opinion about a person is higher than that about a matter. C. Expert opinion on identical identification is higher than the species identification. D. Expert opinion about true or false, yes or no, cause or result, and degrees is higher than others. Expert Opinion

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