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

Abstract

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.