The subject of this short paper is the reflection on institute of electronic evidence, on its difficulties and present tendencies, which should not be forgotten in the upcoming Code of Criminal Procedure. An interesting and often discussed way of collection of evidence is special obligation to safeguarding and surrendering incriminating computer stored information (resp., data). The obligation is based in the Section 90 of Slovak Code of Criminal Procedure. It may seem that this procedural institute can serve as an appropriate inspiration for the current legislative works in Czech Republic. Also, the discussion shall highlight its deficiencies and possible means of redress.