The Concept of an Electronic Digital Document and the Specifics of Criminal Liability for Forgery of this Category of Documents

Abstract

Electronic digital documents play a vital role in contemporary society, underpinning legal, financial, and administrative transactions. However, their ease of modification and duplication has led to increasing concerns regarding forgery. This paper critically examines the concept of electronic digital documents and the legal frameworks addressing their falsification. A detailed literature review explores the legal recognition of electronic records, focusing on authenticity and integrity concerns. The study also provides a comparative analysis of international and national legal frameworks, emphasizing key statutes such as the Budapest Convention on Cybercrime (2001) and the eIDAS Regulation (2014), alongside national approaches in the United States, United Kingdom, Germany, India, and other jurisdictions. Landmark case law is reviewed to highlight judicial responses to digital forgery. The research identifies the challenges in detecting and prosecuting electronic document forgery, particularly given technological advancements such as deepfake forgeries and AI-driven falsifications. The study concludes that while existing legal mechanisms largely address electronic document forgery, continuous legal adaptation, enhanced forensic capabilities, and international cooperation are necessary to maintain trust in digital documentation. Recommendations are provided for strengthening legal provisions and integrating cybersecurity measures to deter future offenses.