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Cyberbullying of minors and juvenile justice: Digital evidence and chain‐of‐custody in suicide incitement cases

Abstract

Cyberbullying that escalates into a victim’s suicide poses significant challenges at the intersection of criminal law, causation analysis, and digital forensics. This article examines how four jurisdictions—Kazakhstan, the United States, Germany, and India—conceptualize and assign criminal liability for suspected abetment of suicide conducted through online harassment (especially in cases involving juveniles) and identifies the evidentiary thresholds that shape prosecutorial decision-making. This article uses an original qualitative comparative legal research design combining doctrinal legal analysis, case-based comparison, and forensic-evidentiary evaluation. Four jurisdictions—Kazakhstan, the United States, Germany, and India—are purposively selected as contrasting legal models. Each jurisdiction is examined through a structured analytical matrix covering criminalization model, causation threshold, mens rea or instigation requirement, treatment of minors, attribution of online conduct, authentication of digital communications, and chain-of-custody requirements. The source base includes statutory provisions, reported judicial decisions, publicly available prosecutorial or investigative materials, and digital-forensic standards, including ISO/IEC, NIST, and SWGDE guidance. The findings show substantial divergence. Kazakhstan and India represent affirmative liability models, although India requires a demanding threshold of intentional instigation and proximate causation. The United States represents a state-law model in which liability may be pursued through manslaughter, assisted-suicide, harassment, stalking, child-endangerment, or cyberbullying provisions depending on the jurisdiction. Germany represents an autonomy-centered limiting model that generally precludes liability where suicide is treated as a free and responsible act. Case studies reveal that authenticated chat logs, device artifacts, platform records, and unified timelines often provide the decisive link between online conduct and the victim’s final actions. Rigorous digital-evidence procedures—particularly maintaining an unbroken chain-of-custody—and harmonized investigative standards are essential for fair, reproducible adjudication of cyber-induced suicides. Clearer legal provisions tailored to severe cyberbullying among youth, coupled with robust forensics, can balance accountability with due process and free-expression protections.

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Posted in: Journal Article Abstracts on 07/07/2026 | Link to this post on IFP |
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