Rule of Evidence towards Crimes Related to Cryptocurrencies: How Should It be Formulated? Peter Jeremiah Setiawan
University of Surabaya (UBAYA)
Cryptocurrencies on the basis of the blockchain technology are characterized by pseudonymity, peer-to-peer transactions, and distributed ledgers. These characteristics place cryptocurrency in vulnerability to be misused in financial crimes. Overcoming such crimes requires a responsive law enforcement system, which is able to reduce the vulnerabilities of the technological developments, including the formulation of advanced rule of evidence. The advanced rules of evidence which are formulated appropriately, are not only able to produce the truth, but also relevant-material, competent and sufficient evidences base, or even able to prevent financial crimes. These rules of evidence must evolve from the paradigm of measures on digital evidence to the paradigm of measures on crypto evidence. This paper aims to analyze the formulation of the rules of crypto evidence dealing with financial crime, which consists of four rules. First, rules to support the crypto evidence before crimes occurred, such as the rules about customer due diligence, record keeping and reporting suspicious transaction for related party. Second, rules about the authorities and infrastructure related to the crypto evidence. Third, rules about how to obtain and preserve the crypto evidence, encompassing the preservation of crypto evidence integrity and its chain of custody. Fourth, the rules about how crypto evidence could be considered in criminal proceedings, particularly the rules regarding the admisibility of crypto evidence by the court to proving crime facts.
Keywords: financial crime, cryptocurrency, rule of evidence, crypto evidence