Digital Information and Its Carriers in Criminal Procedure Proving: Development of Legal Regulation

Зуев, С. В.

doi:10.14529/law170105

Cited by 3 publications

(1 citation statement)

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“…For ex., S.V. Zuev (2017) affirms that "seizure of electronic carriers and copying electronic information are two complementary, and in some cases competing with each other, recognition methods of handling electronic means of criminal procedural proof. The advantages of one or another action depend on the tasks being solved, conditions and complexity of the process.…”

Section: National Provisions Of Criminal Procedures Legislation Governmentioning

confidence: 99%

Information Technologies in Criminal Proceedings of Russia: Controversial Issues of Proof

Gavritsky¹,

Demidchenko²,

Palieva³

et al. 2020

IJEBA

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Purpose: The objective of this article is to use information technologies within the framework of national criminal proceedings for the investigation of crimes. Design/Methodology/Approach: Studies were performed of international provisions governing the procedure of investigation of criminal cases in different countries and the order of preservation of evidence received from electronic sources. The authors analyzed the provisions of Code of Criminal Procedure of the Russian Federation and legal enforcement practice of taking and preservation of evidence received via information and telecommunication technologies in the course of investigating a criminal case. Findings: Based on the results, it was concluded on the need in fundamental modernization of criminal proceedings of the Russian Federation towards improvement of both procedural order of taking and preservation of evidence received via electronic technology processes and deployment of electronic form of investigating crimes into criminal proceedings. There is a need in calculation of risks related to leakage of information of confidential nature. The risk is heavily influenced by the number of objects of judicial protection against which a cybercrime might be committed. Practical Implications: In the article, proposals are set for improving the provisions of national legislation, which would lead to enhanced forms of investigation of criminal cases related to extensive use of modern information technologies, which would legislatively perpetuate the procedural order for the seizure and preservation of criminal evidence. Originality/Value: Transition to electronic form of investigation will lead to extensive use of electronic means of preservation in performance of investigative activities, which will greatly facilitate their performance, ensuring thereby entirety and reliability of evidence, while also reducing the risks of possible evidence tampering.

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Section: National Provisions Of Criminal Procedures Legislation Governmentioning

confidence: 99%

Information Technologies in Criminal Proceedings of Russia: Controversial Issues of Proof

Gavritsky¹,

Demidchenko²,

Palieva³

et al. 2020

IJEBA

View full text Add to dashboard Cite

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The use of digital communication technologies in the context of a pandemic as a way to improve the effectiveness of justice

Смахтин¹

2021

Juridical Journal of Samara University

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The article deals with the peculiarities of the activity of courts in making judicial decisions in the context of a pandemic. First of all, we are talking about the wider use of digital and information technologies in criminal proceedings, which have previously been repeatedly recommended by forensic science for implementation in judicial practice. Some recommendations of criminalistics are currently accepted by the Presidium of the Supreme Court of the Russian Federation in its Decision dated April 08, 2020 № 821 and Review on certain issues of judicial practice related to the application of legislation and measures to counteract the spread of a new coronavirus infection (COVID-19) in the territory of the Russian Federation № 2, which provided appropriate explanations for their use in practice. In particular, we are talking about the possibility of using video conferencing systems for certain categories of criminal cases and materials that are considered urgent, although this is not provided for in criminal procedure legislation. It is concluded that it is necessary to change the current criminal procedure legislation, bring it into line with the Constitution of the Russian Federation, federal constitutional laws, federal laws and subordinate regulatory legal acts, including orders of the Judicial Department under the Supreme Court of the Russian Federation.

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On the expediency of including the definition of “electronic evidence” in the Criminal Procedure Law

Ryabova

2022

Legal Science and Practice: Journal of Nizhny Novgorod Academy of the Ministry of Internal Affairs of Russia

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The article is devoted to studies of “electronic evidence” institutions in a context of determination of its true position in a system of evidence sources which is formed and functions within russian criminal procedure law existing for a long time. For reviewing and then analysing in this study there have been presented positions of scientists concerning the question of appropriateness of inclusion of the definition “electronic evidence” in existing russian criminal procedure act. There is differentiated approach to the problem of studying the “electronic evidence” phenomenon and its usage as independent type in the system of physical evidences. Taking into account the actual reality conditions, usage of “electronic evidences” in the process of proof on the starting level of criminal procedure is presented from the point of practice, thus, the necessity of innovations of independent and separate type into the existing system of physical evidences is marked.

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Digital Information and Its Carriers in Criminal Procedure Proving: Development of Legal Regulation

Cited by 3 publications

References 0 publications

Information Technologies in Criminal Proceedings of Russia: Controversial Issues of Proof

Information Technologies in Criminal Proceedings of Russia: Controversial Issues of Proof

The use of digital communication technologies in the context of a pandemic as a way to improve the effectiveness of justice

On the expediency of including the definition of “electronic evidence” in the Criminal Procedure Law

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