David Silva Ramalho analyses cybercrime investigations and the challenges of digital evidence

The increasing sophistication of cybercrime requires an approach focused on facts, real-world impact and the concrete challenges of criminal investigation and proceedings.

In the video published by Observador, David Silva Ramalho examines cybercrime from a practical perspective, explaining how digital offences are committed, investigated and ultimately brought before the courts.

Most offences committed online are not new. According to data from the Cybercrime Office of the Portuguese Public Prosecutor’s Office, fraud accounted for around three quarters of all complaints received in 2024.

These figures are followed by extortion, harassment, gender-based crimes, child abuse offences, hate speech and money laundering. The internet therefore emerges primarily as a means and a tool, enabling remote offences and facilitating the exploitation of assets, trust and vulnerability.

Criminal investigation: from the digital sphere to the physical world

The managing associate in the Criminal, Regulatory Offences and Compliance practice explains that cybercrime investigations cannot be confined to cyberspace. The connection between the online and offline worlds requires an integrated approach.

Following the money remains central, whether in traditional currency or crypto-assets, moving from bank account to bank account, from exchange to exchange and across multiple jurisdictions.

In other types of offences, evidence results from combining technical tools with the analysis of personal relationships, records, images and small clues capable of leading investigators into the physical world, from an object visible in a photograph to biometric traces digitally extracted.

Encrypted communications and new procedural challenges

As criminal activity becomes more organised and communications increasingly encrypted, investigative difficulties intensify. Commercial applications with strong encryption and devices specifically configured for illicit communications raise significant challenges for authorities.

Major international investigations involving encrypted communication platforms, as well as European regulatory proposals on message filtering, highlight the growing tension between investigative effectiveness and procedural safeguards. The admissibility and validity of digital evidence have therefore become central issues before the courts.

Digital Defence and specialised legal advice

David Silva Ramalho coordinates Morais Leitão’s Digital Defence team, which provides specialised legal advice on the prevention, response and management of cyber incidents and cybercrime matters.

Watch the video here.