Fundamentals of Digital Forensics
1. Introduction to Digital forensics
1.1. Responsibilities of an Expert
A forensic analyst as well as the computer expert is legally responsible for analysing the digital content of the equipment that will be entrusted to him/her, delivering a report called the digital Forensic Expertise Report.
In Portugal:
After being made aware of the penalties for refusal or non-compliance, read the following sentence before the judicial authority or magistrate, “I undertake, on my honour, to faithfully fulfil the duties entrusted to me” and sign the statement of undertaking. In this way, the expert undertakes to carry out the analysis and digital forensic report, the experts who are public servants and intervene in the performance of their duties being exempt from the term of commitment. Will be informed about the process and about the questions to be answered. The penalties for refusal or non-compliance are present in the Portuguese Code of Criminal Procedure in Article 91, no. 4. Regarding the delivery of the expert report, Article 157 of the same Code of Criminal Procedure states that the report must contain the answers and conclusions duly reasoned, and must be presented within a period not exceeding 60 days.
It is imperative that the report presents only true information, as incorrect information is punishable by imprisonment from six months to three years or a fine of not less than 60 days, as stated in Art. 360.