The applicability of article 8 of the ECHR to the offence of computer fraud: limits of digital investigations and requirements of a fair trial

URL: https://dspace.academy.police.md/the-applicability-of-article-8-of-the-echr-to-the-offence-of-computer-fraud-limits-of-digital-investigations-and-requirements-of-a-fair-trial/

Data: 2026

This article examines the relevance of the European Court of Human Rights’ case-law to the investigation and punishment of computer-related fraud, with particular emphasis on the Convention limits applicable to digital surveillance and electronic evidence. The paper starts from the premise that, although the Court does not adjudicate cybercrime offences as such and does not create an autonomous criminal policy model in this field, its case-law substantially shapes the European legal framework through the standards developed under Articles 8, 6 and 7 of the European Convention on Human Rights. From that perspective, the study argues that the Court’s relevance in the field of computer-related fraud lies primarily in controlling the proportionality of state interference, protecting digital privacy, safeguarding adversarial proceedings and equality of arms in relation to digital evidence, and preserving the requirements of legal certainty and foreseeability in criminal law.