Digital Forensics in Spain

Digital Forensics in Spanish Criminal Law: From Extra to Essential

In today’s world, almost every action leaves behind a digital footprint. Messages, geolocation data, emails, cloud storage, or activity logs can become the decisive pieces of evidence in a criminal case. This reality has elevated digital forensics (pericial informática) from a technical complement to a cornerstone of justice in Spain.

What does a digital forensic expert actually do?

• Analyze computers, mobile devices, servers, and networks.

• Recover deleted or hidden information.

• Verify the authenticity of digital evidence.

• Ensure the chain of custody is preserved.

• Present impartial reports and testify clearly in court.

Why is this so crucial?

Because judges and lawyers are legal experts, not technical ones. The digital dimension of evidence is often too complex to interpret without specialized knowledge. This is where forensic experts step in: they translate technology into legal truth, providing clarity and reliability to the judicial process.

Digital forensics guarantees not only that the evidence is valid but also that the rights of all parties are protected. Without proper forensic handling, key data could be dismissed, misinterpreted, or even rendered inadmissible in court.

The question remains: are Spanish courts fully ready to embrace the digital era of evidence? The answer is not yet—and that is precisely why the role of the forensic expert is more important than ever. Until the legal system itself develops stronger technical expertise, forensic specialists will continue to be the essential bridge between technology and justice.

In the digital age, ignoring digital forensics is no longer an option. It is the key to ensuring fairness, accuracy, and truth in criminal proceedings.