On 29 October 2013 Vitaly Kasko, Partnerat Arzinger, Head of the Representation at the ECHR Practice, took part in theconference "DNA and Digital Evidence in Criminal Proceedings" uponinvitation of the US Embassy in Ukraine. Vitaly had an opportunity to speak onapproaches of the ECHR to the topic of the conference.

The conference "DNA and DigitalEvidence in Criminal Proceedings" was organized by the US Department ofJustice within the framework of the Criminal Justice Reform Project. At theconference Vitaly Kasko presented his report on recent issues of using newtechnologies in evidence, in particular, by the defense counsels. He spokeabout new approaches to admission of evidence envisaged in the CriminalProcedural Code of Ukraine, namely provision of an analogue to the doctrine"fruit of the poisoned tree" introduced for the first time by the USSupreme Court. Moreover, Vitaly elaborated on iconic ECHR decisions relating tothe issue of collecting and using digital evidence, creation of a DNA data basein the context of the right to private life and the right to a fair trial.Vitaly also shared successful experience in using digital evidence by lawyersform Arzinger in national cybercrime trials.

 *Vitaly Kasko is Head of practices whitecollar defense and representation at the ECHR at Arzinger. The company, in itsturn, actively provides legal services in the sphere of high technologies.Lawyers from Arzinger presented a foreign bank in a case of illegal moneytransfer from bank accounts using computer technologies. Thanks to effectiveand close cooperation with the law enforcement authorities the stolen amountsof money were blocked on the account in a Ukrainian bank, criminals were foundand prosecuted in Ukraine and the stolen money in the amount of nearly fivehundred thousand US dollars was returned to the foreign bank with the help ofArzinger's lawyers.