The article focuses on the present state of digital forensics and its potential when investigating different types of crimes with a “digital” element. It also presents a brief historical overview of the development of digital forensics as an independent type of forensic examination, its theoretical framework.The paper presents a summary of the practice of the Laboratory of Digital Forensics of the Russian Federal Centre of Forensic Science of the Russian Ministry of Justice over 2017–2019. In the course of the summary, the author analyses typical questions to experts, the percentage of cases’ categories, the most common objects of the expertise, and experts’ opinions, their form, and completeness. Following the summary’s results, the most frequent investigators’ requests for this kind of examination have been highlighted. Also, typical errors at appointing the expertise have been revealed.The author presents a prognosis for the further development of digital forensics and proposes strategies and measures to minimize the errors at the appointment of the examinations and unsustainable expenditure of resources in appointment and conduct of this type of research.
The paper examines the theoretical and practical foundations of the initiation of criminal cases for crimes in the field of computer information. The stage of pre-investigation verification of a crime report is quite difficult due to the need to identify and consolidate the trace picture, requires the involvement of special knowledge in the field of information technology, the performance of certain actions, including of a technical nature, etc. Based on the analysis of domestic and foreign sources carried out by the authors, generalization of forensic practice and procedural regulation, an algorithm has been developed for conducting a pre-investigation check of reports of a crime of this type. Particular attention is given to tactical recommendations for interviewing a victim, namely an individual and a legal entity. Other verification and investigative actions are presented, depending on typical versions and situations. The operational search measures used to establish the fact of a crime are considered separately. At the same time, the generalization of the forensic practice of investigating crimes in the field of computer information and the questioning of representatives of law enforcement agencies made it possible to identify certain problematic points related to the pre-investigation verification of reports on these crimes, including the procedure for the treatment of victims with reports of incidents, with information from open sources of cyberspace within the framework of operational-search activities, etc. Based on the results of the research conducted by the authors, effective foreign practices are proposed, the transfer of which to domestic soil will help reduce the latency of these crimes, increase the efficiency of investigation and disclosure of this category of criminal cases.
The central element of the forensic characterization of crimes in the field of electronically stored information is the identity of the offender. In its aspect, it is possible to study the features of other elements, to establish their interrelations and interdependencies. Features of the somatic, psychophysiological and cognitive processes of the personality of the offender, the level of his skills in the field of information technology, the social environment and professional activity predetermine the choice of the method, means, the environment for the commission of the crime and the victim, as well as the mechanism of trace formation and localization of traces. At the same time, questions related to the personal characteristics of a modern cybercriminal remain open due to the high volatility associated with the rapid renewal of the technical and technological components of criminal acts. Today’s cybercriminals are often not grim lone hackers, but a well-organized and structured criminal group. The paper studies and analyses domestic and foreign literary sources, investigative and judicial practice aiming at filling this gap.
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