On Development Prospects of the Russian Criminal Proceeding in the Context of Digitalization

Alexandrov, A.; Andreeva, Olga I.; Zaytsev, Oleg

doi:10.17223/15617793/448/25

Cited by 11 publications

(3 citation statements)

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“…Требования к качественному досудебному производству складываются из необходимости обеспечения полноты, всесторонности расследования [15].…”

Section: особенности следовой картины преступных действий в телекомму...unclassified

Crime investigations and common mistakes when detecting and withdrawing the evidence of cyber criminal actions

Sergeev¹

2022

Vektor nauki Tol’attin. gos. univ., Ser. Urid. nauki

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Telecommunication technologies made it possible for the society to use both real (material) and virtual space. Some actions injuring social relations fall under the criminal legislation prohibition: Articles 272, 273, 274, and 274.1 of the RF Criminal Code. The investigated crimes committed in the material world have a large tried and tested investigative and judicial practice, but the investigation of cyber crimes has a weak empirical base and a limited scientific experience. This indicates the existence of a criminalistically significant problem and the necessity of its solution. The paper presents the list and brief criminalistic overview of common mistakes made by investigative authorities when detecting and withdrawing the evidence of cyber crimes. Based on the system-comprehensive approach, the author gives an overview of information computer network elements criminalistically significant for an investigation; carries out the analysis of the implementation of evidentiary law provisions when investigating crimes in the telecommunication space. In conclusion, the author explains the digital footprint universal nature and enumerates typical mistakes when detecting and withdrawing the evidence of cyber criminal acts. The paper states that such order of things sets before the scientists and practitioners the task of improving forensic methods, tools, and tactics for detecting traces of a crime in the information (virtual) space and their procedural legal enshrinement. The author proposes a direction of solving this problem. It does not indicate the necessity to revise the existing evidentiary law theory and to supplement it with new procedural aspects fixing special characteristics of digital information. The author highlights that the mistakes made by investigators are not caused by the gaps in scientific knowledge of a forensic or legislative nature. The problem solution lies in the practical plane of the IT-technologies knowledge improvement by the investigators conducting the examination.

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Section: особенности следовой картины преступных действий в телекомму...unclassified

Crime investigations and common mistakes when detecting and withdrawing the evidence of cyber criminal actions

Sergeev¹

2022

Vektor nauki Tol’attin. gos. univ., Ser. Urid. nauki

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“…The quarantine measures introduced in Russia have revealed many unexplained tasks in the judicial system and law enforcement agencies, but it was the closure of courts that most significantly limited the right of lawyers to work [18]. The resulting pandemic requires the active introduction of digital technologies in criminal proceedings, the transition to the use of modern digital technologies, the conversion of a criminal case into an electronic format, communication through electronic document management, the use of an e-judge in the preparation of court decisions [19][20][21][22][23]. Law enforcement activities in the criminal proceeding system cannot be completely suspended even in a state of emergency or a pandemic.…”

Section: Proceedings Of the Research Technologies Of Pandemic Coronavmentioning

confidence: 99%

Impact and Consequences of COVID-19 on Criminal Proceedings in the Russian Federation

Dneprovskaya¹,

Каландаришвили²,

Nepomnyashchikh³

2020

Proceedings of the Research Technologies of Pandemic Coronavirus Impact (RTCOV 2020)

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In the present study, the authors draw attention to the impact and consequences of the COVID-19 pandemic on criminal proceedings. The authors consider what consequences the pandemic had on the work of the courts, the investigation officers, as well as the authorities executing the court decision on the detention of accused persons. Among the unfavourable consequences, which influenced the criminal proceedings, are the violation of the accused's right to attorney; the impossibility to provide the accused with qualified legal assistance due to the self-isolation of lawyers and quarantine measures prohibiting their entry into the pretrial detention centers; the refusal of investigation officers to postpone the investigative actions because of lawyer's default due to self-isolation; postponement of court proceedings and the extension of the term of the criminal trials and others. The authors suggest ways to solve the problem in case of recurrent situation, in particular, they propose to provide for provisions at the legislative level to regulate criminal proceedings in the conditions of pandemic, noting a multifaceted approach to solving the problem in order to balance the rights and legitimate interests of the accused and to comply with the norms of criminal procedure legislation. It is necessary to change the attitude towards the pretrial detention as a preventive measure and choose other alternative preventive measures in the context of a pandemic in order to unload the pretrial detention centers and protect the health of both the employees of the pretrial detention center and the persons detained there. Besides, it is necessary to convert criminal proceedings into electronic format and implement modern digital technologies, which allow to limit communication between participants of criminal proceedings as much as possible and provide exchange of procedural documents within the framework of electronic document circulation.

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“…The seemingly indisputable assertion that the expansion of digital technologies use in judicial system opens up new prospects for building a more efficient and high-quality court that ensures the stability of the basic principles of legal proceedings finds its opponents. According to them, the automation of the judicial system in criminal proceedings reinforces the contradictions between investigative and adversarial elements (Alexandrov, Andreeva, & Zaytsev, 2019). Others believe that a traditional fact-finding approach is required in litigation (Caianiello, 2019).…”

Section: Introductionmentioning

confidence: 99%

E-Justice: Development Prospects

Rudneva¹

2020

European Proceedings of Social and Behavioural Sciences

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On Development Prospects of the Russian Criminal Proceeding in the Context of Digitalization

Cited by 11 publications

References 0 publications

Crime investigations and common mistakes when detecting and withdrawing the evidence of cyber criminal actions

Crime investigations and common mistakes when detecting and withdrawing the evidence of cyber criminal actions

Impact and Consequences of COVID-19 on Criminal Proceedings in the Russian Federation

E-Justice: Development Prospects

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