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Digital chain of custody: identifying the break or upholding the evidence

The phone was seized and, weeks later, a report appears in the case file with screenshots of conversations, without a hash and without a record of who handled the device. Or the evidence the victim took to the police station is attacked for breaking the chain of custody.

The course

Why this course

CPP, arts. 158-A to 158-F (Brazilian Code of Criminal Procedure), applied to mobile phones, computers and screenshots, with what Brazil's Superior Court of Justice (STJ) has decided up to 2026.

Digital evidence rarely falls because of its content. It falls because of its path. The message may be genuine and yet nobody knows who opened the device, when and with what safeguards. The CPP describes that path in ten stages (CPP, art. 158-B). On a mobile phone, each stage has a technical equivalent: radio isolation, forensic image, hash, sealed media.

The STJ has decided a great deal, and not in a single direction. The 5th Panel excluded screenshots that the police took directly from the seized device. The Special Court held, in 2026, that a break requires concrete proof of tampering or prejudice.

The course teaches how to read the chain the way the expert reads it, link by link, and how to turn "a document was missing" into "there is a concrete risk of alteration", or to show that integrity has been demonstrated.

Length3 hours
TrackDigital evidence in litigation
FormatIn person or live online, open class or in-house. Taught in Portuguese, under Brazilian law
Who it is forCriminal lawyers, for the defence or assisting the prosecution, and legal and compliance teams that take facts to the police.
InstructorAdriano Vallim, Forensic Expert and Digital Crime Specialist
CertificateCertificate of attendance stating the course hours, for every participant

I want this course

Pick as many courses as you like: they are kept and arrive ticked on the registration form.

By the end, you will be able to

What changes in your next case

  • Map the ten stages of CPP, art. 158-B, along the path of a seized phone or computer.
  • Locate in the case file the document that proves each link.
  • Distinguish a documentary flaw from a concrete risk of alteration.
  • Recognise when police screenshots, conversation mirroring or corrupted media compromise the evidence.
  • Draft applications and expert questions that test the integrity of the extraction.
Programme

3 hours, block by block

0:00
Opening: several phones and one innocent person among them 15 min
  • The case that opens the course
  • Coincidence is not a link: the false positive
  • Sealed media: the safeguard that serves both sides
0:15
The law read through an expert's eyes 30 min
  • CPP, arts. 158-A to 158-F: the ten stages and their digital equivalent
  • Seal, tracking form and custody centre
  • The party-appointed expert in criminal proceedings (CPP, art. 159)
0:45
From the seized device to the report 40 min
  • Isolation: airplane mode, Faraday box, remote wipe
  • Types of extraction and what each one reaches
  • Hash: what it proves and what it does not
  • Illusory trace: the record created by whoever handled the device later
1:25
Break 10 min
  • Short break
1:35
What the STJ has decided, and where the rulings diverge 35 min
  • Nullity vs. probative value, from 2021 to the Special Court in 2026
  • Screenshots taken by the police directly on the device
  • Mirroring through WhatsApp Web
  • A hash nobody compares and media that gets lost
2:10
Exercise: auditing a chain of custody 30 min
  • Link by link: document, flaw, concrete risk
  • Applications and expert questions each flaw justifies
2:40
Questions and cases from the audience 20 min
  • Participants' cases, without identification
Cases in class

The cases used in class

REAL CASE · ANONYMISED

Several phones and one person cleared

A high-profile criminal investigation, with more than a dozen phones. The police inquiry and the official examination pointed to one person's involvement. The examination tested each correlation against alternative explanations, with everything recorded on sealed media. The links were false positives, and the person was cleared.

Related page →

REAL CASE · ANONYMISED

Accused of robbery resulting in death, with no connection to the crime

A person was accused of taking part in a robbery resulting in death (latrocínio). Before accepting the case, the expert read the entire police investigation file. The examination of the evidence showed that the accused had no connection with the crime.

Related page →

REAL CASE · ANONYMISED

The device IT handled

A company found a mini computer hidden on its network. The report recorded what was lost: IT had handled the device, and collecting fingerprints became impossible.

Related page →

ILLUSTRATIVE EXAMPLE

The phone browsed at the police station

The police investigation report contains screenshots of conversations from the co-defendant's phone, taken before the device was sent to the forensic institute. There is no tracking form and no hash.

Practice and materials

Ready to use the next day

Hands-on exercise

In groups, participants receive the case of the phone browsed at the police station, with fictitious documents. Using the audit outline, they go through the ten stages of art. 158-B and separate documentary flaws from concrete risk. In 20 minutes, they deliver three applications and five expert questions. In the last 10 minutes, the instructor compares the answers with the answer key.

Materials provided
  • Audit outline for the digital chain of custody: the document that should exist at each stage.
  • Table of STJ decisions on digital evidence: what each ruling decided, the court body and the year.
  • Bank of integrity applications and expert questions: technical questions to adapt to the case.
  • Exercise case, with answer key: for training the team.
Questions on the topic
The hash was missing. Is the evidence automatically void?
Not necessarily. In 2026, the STJ's 6th Panel ordered a supplementary examination instead of annulling the evidence, and the Special Court required concrete proof of tampering or prejudice. The expert shows whether the gap creates a real risk.
Can a police officer look at the phone during the search?
The Special Court allowed a preliminary check, during the search, to find out whether the device is relevant. Reading conversations and taking screenshots to build a report before the examination is something else: the 5th Panel held it inadmissible. In 2026, the 6th Panel ruled that handling alone does not break the chain, and the Special Court requires proof of tampering or prejudice.
For the defence, when does the party-appointed expert come in?
After admission by the judge and after the official report (CPP, art. 159, § 4º), with access to the material at the official body (§ 6º). In practice, the work starts earlier, with the reading of the police investigation file.

Laws and rulings discussed

CPP, arts. 158-A to 158-F (Brazilian Code of Criminal Procedure)  ·  CPP, arts. 14, 155, 157, 159 §§ 3º to 6º, 182 and 563  ·  Law 13,964/2019, art. 20 (Anti-Crime Package)  ·  STJ (Brazilian Superior Court of Justice), HC 653,515/RJ  ·  STJ, AgRg in RHC 143,169/RJ, Case Law Bulletin 763  ·  STJ, AgRg in HC 828,054/RN  ·  STJ, AgRg in HC 902,195/RS  ·  STJ, Case Law Bulletin 838  ·  STJ, AgRg in HC 943,895/PR  ·  STJ, AgRg in AREsp 2,967,267/SC  ·  STJ, RHC 218,358/PI  ·  STJ, AgRg in HC 1,014,212/ES  ·  STJ, HC 1,054,038/SP, Case Law Bulletin Special Edition 33  ·  STJ, Inq 1,674/DF, Case Law Bulletin 891  ·  STJ, AgRg in Rcl 48,657/RS  ·  STJ, RHC 99,735/SC  ·  ISO/IEC 27037:2012

See also

Forensic Extraction from Mobile Phones and Devices →   Judicial and Extrajudicial Expert Work →   Method and Chain of Custody →   See all courses →

Bring this course to your firm

Open class or in-house for your team, in person or online. Tell us the group size and preferred date: you will hear back within 24 business hours.

I want this course

The technical evidence your case requires. The authority courts respect.

Initial feasibility consultation at no cost. Reply within 24h on business days.
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