the occurrence of the facts the information describes, and whether the person who
supplied the information had any incentive to conceal or misrepresent the facts.
iv.
Cambodia: Cambodia’s Code of Criminal Procedure states that all evidence is admissible
unless provided otherwise in law. The Law on Electronic Commerce (2019) provides that
digital evidence shall not be rejected in legal proceedings on the sole grounds that the
evidence is in the form of an electronic record. A draft Cybercrime Law has yet to be
enacted. One decision of the Extraordinary Chambers in the Courts of Cambodia
excluded film footage of an alleged interrogation centre because the evidence was
repetitive and would have required lengthy investigations into its authenticity.
v.
Maldives: Although the Maldives Evidence Act (1976) has yet to be updated, the courts
will still allow digital evidence when relevant under the terms of this act. A new evidence
bill, which provides for the admission of digital evidence, is currently before Parliament.
vi.
Mongolia: Mongolia’s Criminal Procedure Law (2002) provides that facts and
information regarding the circumstances of a crime shall be deemed to be evidence if
obtained in accordance with this law. The law recognises audio and video recordings
(including photos obtained or produced from these recordings) as “documents”, and
electronic recordings can be used to corroborate the evidence.
vii.
Sri Lanka: Sri Lanka’s Evidence (Special Provisions) Act (1995) provides for the
admissibility of digital evidence such as audio-visual recordings and statements produced
by computers. The Electronic Transactions Act (2006) further provides for the
admissibility of information contained in a data message, electronic document, electronic
record, or other communication. Both laws have provisions allowing the court to presume
the accuracy or truth of information contained in an electronic document or record unless
the contrary is proved. The Computer Crime Act (2007) created new cybercrime offences
and powers to obtain computer data.
viii.
Vietnam: Vietnam’s Criminal Procedure Code (2015) recognizes “electronic data” as a
source of evidence. The same law has specific rules for acquiring, storing, preserving,
copying, restoring, and displaying electronic data. The findings of expert examinations may
be used to explain and present digital evidence. The Law on E-Transactions (2005)
provides for the legal validity of data messages.
27