At first glance, the term “OSINT” might suggest that it is used only by specially trained individuals, but in reality, most people use OSINT in their professions, though they may not realize it. This includes lawyers, who make full use of OSINT when defending their clients’ interests.
First, let’s review what OSINT actually is. In simple terms, this term can be described as a method of obtaining information necessary for various tasks (generally used across all possible fields) from open sources. Open sources of information essentially encompass everything available on the internet. However, I believe that obtaining information from people and subsequently analyzing that information can also be considered OSINT.
Can OSINT be used to defend a client in criminal proceedings? Absolutely. To refute the prosecution’s case, the defense attorney gathers evidence, which is a right granted to them under the provisions of the Criminal Procedure Code.By analyzing specific facts in detail, the defense can, for example, use publicly available information from registries of legal entities to identify witnesses who need to be questioned in connection with the identified legal entity.
Alternatively, they may use publicly available information regarding changes in the legal entity’s ownership structure, activities, and location.
When investigating economic crimes, a defense attorney may search for information regarding suppliers of similar goods, review the offers available in open sources from these suppliers, and, based on this, develop a legal position regarding the “market-based nature” of prices (particularly in cases involving Article 191 of the Criminal Code, where embezzlement of budget funds is frequently alleged).
Similarly, during the defense’s analysis of the prosecution’s evidence, the defense may also obtain information proving the bias of witnesses and the bias of their testimony based on a general search for information about a legal entity or an individual. The fact that such individuals have been held administratively or criminally liable may in itself indicate bias or pressure on these witnesses.
Furthermore, for example, OSINT involves analyzing the prosecution’s expert reports. If it is a commodity appraisal and the market value of the goods needs to be determined, the expert may either analyze information from suppliers obtained from open sources or send inquiries to the so-called suppliers.
However, having information about such individuals, the defense can analyze their activities, obtain information about their profits and turnover, compare the data, and—in the absence of any actual business activity—cast doubt on that party’s claims regarding market prices.
An important consideration when using OSINT is the admissibility of the information obtained. According to the requirements of criminal procedural law, all evidence must be obtained lawfully and must not raise doubts as to its authenticity.
To ensure the admissibility of such information, the defense may draw up an inspection report (similar to how investigators do so), draw up a report on the questioning of a person (similar to an interrogation), send requests to confirm the information, or even file a motion for temporary access.
Obtaining information from open sources makes it possible to subsequently develop a defense strategy and take steps to secure official confirmation. After all, the key is to know the information; only then does one understand which entity can confirm this information and, accordingly, validate it. In general, the primary use of OSINT for a person’s defense is to gather evidence in the suspect’s favor.
For example, OSINT can be used to find information that supports the defense’s version of events. This may include social media posts, views of publications, videos, or images that contradict the allegations.In certain types of cases, social media analysis—examining the activity of victims or witnesses on social media—can reveal important information, such as contradictory statements or facts that may cast doubt on their credibility.
Gathering information about the opposing party (such as the prosecutor) can help identify potential interests, motivations, or patterns of behavior that may be relevant to the case. This could serve as grounds for recusal of the prosecutor and a finding of bias, which could subsequently lead to the evidence being ruled inadmissible. Additionally, OSINT can help identify potential witnesses or experts who could corroborate facts important to a person’s defense. Information from publicly available databases or networks may point to other individuals.
However, when using OSINT, it is important to consider ethical and legal issues. Defense attorneys must ensure compliance with privacy and human rights standards, as well as the legality of information-gathering methods. The search for and use of open-source data must be conducted in accordance with the law.
OSINT can be a powerful tool in criminal proceedings to defend an individual, providing opportunities to gather necessary evidence and strengthen the defense strategy.
However, it is important to keep the ethical and legal frameworks in mind to ensure not only effectiveness but also fairness and legality.
Author: Bogdan Zabara, Barrister
Source: https://zib.com.ua/ua/166787-vikoristannya_vidkritih_dzherel_dlya_zboru_dokaziv_pidgotovk.html