<![CDATA[The rapid expansion of digital technologies has transformed evidentiary governance in cybercrimecases, where electronic evidence is increasingly stored beyond the territorial jurisdiction ofinvestigating states. Although various international legal instruments have been developed tofacilitate access to cross-border digital evidence, existing scholarship has primarily focused onissues of jurisdiction, digital sovereignty, and international cooperation. This article argues that amore fundamental challenge lies in unequal access to digital evidence and its implications forprocedural inequality in cybercrime adjudication. Employing normative legal research with atransnational legal approach, this study conducts a conceptual analysis of international legalinstruments, regulations governing electronic evidence, and scholarly literature on cybercrime anddigital governance. The analysis combines doctrinal, comparative, and critical methods to examinethe relationship between access to digital evidence and procedural equality. The findings revealthat jurisdictional fragmentation, the dominance of global digital platforms as data gatekeepers,and disparities in investigative capacities among states have created structural inequalities in accessto cross-border electronic evidence. To explain this phenomenon, the article develops the conceptof the Digital Procedural Divide, defined as a structural disparity in the ability of states and legalactors to obtain, authenticate, and utilize digital evidence in criminal proceedings. The studydemonstrates that unequal access to digital evidence may undermine the principles of equalitybefore the law, due process, and access to justice. It concludes that global digital evidencegovernance should be reoriented from a narrow focus on investigative efficiency toward thepromotion of procedural equality in cybercrime adjudication.]]>
