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Anti-Tampering System using Blockchain Technology for e-Evidence on Criminal Procedure

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2024, 12(3), pp.251-277
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : July 28, 2024
  • Accepted : August 24, 2024
  • Published : August 31, 2024

Shin, Dae-Hwan 1,  Lee, In Gon 1

1호서대학교

Accredited

ABSTRACT

Blockchain is a peer-to-peer technology that stores and shares information and transactions without a trusted intermediary. Trust depends on the technology itself. Each block corresponds to the movement of tangible or intangible assets. Access to blocks that collect transactions is granted to miners, whose computers are called nodes. These blocks create a chain by collecting transactions that have previously been verified and confirmed by network members. For example, changes to registers, such as product sales, are made thanks to electronic sentences called hashes. The register must be timestamped to later authenticate the transaction. The longer the chain, the more reliable it is. Blockchain therefore provides instantaneous, shared, and fully transparent information on an immutable ledger with access restricted only to network members. Once recorded on the shared ledger, no participant can change or manipulate the register. You must revert by adding corrections to the previous transaction. Because blocks are unforgeable and confidential, they could significantly change legal practice by limiting the need for trusted intermediaries, and blockchain technology can be used in a variety of situations as it can facilitate record-keeping for all types of information. Blockchain also allows for timestamping of contracts, providing a definite date that ensures objectionability and enforceability. Blockchain technology can also enable smart contracts, the terms of which are automatically enforced. Therefore, it is possible to limit the negative consequences of contractual malice and accelerate the exchange of contractual information. For example, the technical documentation of a real estate sale agreement can be shared on the blockchain between sellers, buyers, real estate agents, and professionals. Blockchain can also impact how corporate compliance is managed. Blockchain provides traceability of transactions hashed to a register, making it easier to create risk maps and assess the integrity of third parties while maintaining confidentiality. When digital evidence is handled in criminal proceedings, it is often problematic whether evidence collection continues without any flaws and whether the submitted digital evidence has been manipulated by the police or prosecutors. Therefore, in this study, we propose an evidence manipulation prevention and system using blockchain and examine its effectiveness and feasibility.

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