Computer expertise as a means of proof...

Hossaín Mimón
Computer Engineer Judicial Expert collegiated and director of FORENSICTECH


The development and use of the Internet have been a turning point in our society. Today, we use new technologies to carry out our professional activity because of the possibilities it offers us: we are more productive, we reach markets that were unthinkable a few years ago and we have new channels of communication with customers and suppliers.

Technology arrived years ago to our personal and professional environments to stay and it will never go away, mainly because we would not know how to live nor work without it. This panorama of communication, speed, ubiquity, and anonymity has not only brought positive effects, but has also encouraged the emergence of a new type of crime, where there are attacks on pre-established legal assets, such as sexual freedom, property, privacy, etc., but in a different way, forcing us to “break” the classic schemes of crime, to deal effectively with this fact.

The particularity of this type of crime means that we are faced with serious problems when it comes to investigating a crime committed on or through the Internet and the subsequent clarification of the facts. In addition, legislation will soon become outdated, due to the rapid evolution of new technologies and platforms that are being created, which require a quick classification, so that it can act in a relevant way and with total guarantee, because this type of crime is constantly evolving.

In this situation, the figure of the Computer Expert is essential, whose main task is to demonstrate or refute in an expert opinion that a certain event took place, using tools and scientific techniques typical of the field of Computer Engineering.

The work of the computer expert must be rigorous since the facts that must be settled may involve prison sentences and/or heavy fines for the affected persons. For this reason, it is fundamental to be sure of the computer expert’s qualifications before he/she begins his/her expert’s work.

The Computer Expert Opinion is increasingly decisive in judicial processes, since we live in an increasingly digital world, with new digital crimes and cybercrime, and also, with a digitization of the most classic crimes.

As a reflection of this trend, computer experts have become one of the most sought-after professionals and for this reason, I decided to create this professional office to offer this type of services.

Considerations before contracting a computer expertise service

We must bear in mind that in recent years, the number of computer expert works and opinions that are dismissed in litigation and are not taken into account when sentences are handed down has increased. The reason for this is none other than a huge increase in the number of computer experts who are not legally authorised to act before the courts, and who are therefore committing a crime of professional intrusion. We can find a clear example in the Judgment of the High Court of Justice of Madrid 531/2017, Sala de lo Social, Section 4ª, July 19th ,2017, which states in the first point of the grounds of law, that:
“The judgment under appeal is essentially based on the ineffective and invalid expert evidence provided as the sole justification for the alleged facts…. And this is for several reasons explained by the Magistrate of First Instance in her ruling. The first is because she understands that the expert presented by the company lacks official qualifications in computer science…. On the other hand, the informal nature of the expert evidence and the questioning of the chain of custody are argued. Special mention is also made of the failure to comply with the guarantees of the plaintiff’s right to privacy when carrying out the inspection and the search of the computer equipment… In short, the Magistrate of Instance, assessing this evidence and the testimonies provided at the oral trial, concludes that the defects in the expert evidence provided by the company prevent the evidential value of this means of proof from being granted …”
The computer test must be certified in a computer expert opinion, prepared by a legally qualified computer expert. In our Frequently Asked Questions section you can find more information about it.

Why hire our services?

From FORENSICTECH we provide our clients with the security of having:
  • A computer expert specialized in your case, collegiated and legally authorized to act in the Spanish courts of justice.
  • Appropriate instruments and specialized software to develop your expert report.
  • Legally recognized chain of custody investigation and assurance methods.
  • An effective and efficient work in the requested expert report.
  • A visa computer expert opinion , which greatly increases its credibility and reliability before the judicial bodies, as it is backed by a professional association.
  • A computer expert capable of facing the ratification in oral proceedings in all jurisdictional orders.
  • Our performance in all the courts of justice throughout Spain in all jurisdictional areas.


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