Outline of Principles for the Analysis of Open-Source Intelligence (OSINT) as Evidence in Criminal Proceedings

Abstract

This article examines the possibility of using open-source analysis as evidence in criminal proceedings and seeks to define minimum standards for its use, so that the requirements of the Criminal Procedure Code are met both in terms of positive principles and those defined negatively. The article also seeks to address the terminology used in this field. From this perspective, it analyzes the proposed amendment regarding the seizure of electronic evidence, which, however, does not introduce any relevant changes in this regard. In its argumentation, the paper also draws on the case law of the International Court of Justice and provides an interpretation of the provisions of the Budapest Convention regarding the possibility of sharing OSINT analysis as one of the fundamental sources for the sharing of digital evidence in Europe.