scholarly journals Challenges of the forensic science facing new technologies.

2021 ◽  
Vol 1 (7) ◽  
pp. 48-61
Author(s):  
Delia Magherescu

In the era of new technologies, used in the field of criminal justice, the forensic science has passed real challenges facing those means of gathering and administering scientific evidence in criminal proceedings. Artificial intelligence and how it meets the judiciary is a well-known question for the hightech in the field. The current paper aims at analyzing and discussing the features the judicial activity in criminal matters is characterized with during the criminal proceedings. The most important elements of new technologies come to state the consequences that they produce in criminal cases investigated by means of forensic evidence including new digital technologies. In order to achieve the proposed goal of the current paper, certain main purposes have been highlighted, which consist particularly in the procedure of using methods of forensic science for the investigation of crimes, as well as elements of new means of technologies including artificial intelligence. The proposed topic is carried out through qualitative research methods conducted on approaching challenges of the forensic science facing new technologies, combined with in-depth elements of criminal proceedings.

2021 ◽  
Vol 17 (2(64)) ◽  
pp. 113-122
Author(s):  
Елена Сергеевна ПАПЫШЕВА

The paper discusses the possibilities of digitalization of criminal procedure and its importance for optimizing prosecutorial supervision, including high-tech supervision. The development of digital technologies urgently requires not only legal changes, but also the rational use of artificial intelligence in criminal proceedings. Purpose: to determine the limits of the use of artificial intelligence in criminal proceedings and, in particular, prosecutorial supervision. Methods: the author uses empirical methods of comparison and description; theoretical methods of formal and dialectical logic. A special scientific legal-technical method is also applied. Results: The prosecutor’s access to the materials of the criminal case will make it possible to ensure the continuity of prosecutorial supervision and will enhance its efficiency. The use of software will be a factor preventing the gathering of evidence in violation of the Code of Criminal Procedure of the Russian Federation. It is proposed to use special methods of supporting public prosecution in specific types of criminal cases in the development of an artificial intelligence program.  Digital technologies can be used to analyze crimes, its causes and conditions, and to develop effective means of preventing it when the prosecutor exercises the function of coordinating the activities of law enforcement agencies in combating crime.


Author(s):  
K. Culbreth

The introduction of scanning electron microscopy and energy dispersive x-ray analysis to forensic science has provided additional methods by which investigative evidence can be analyzed. The importance of evidence from the scene of a crime or from the personal belongings of a victim and suspect has resulted in the development and evaluation of SEM/x-ray analysis applications to various types of forensic evidence. The intent of this paper is to describe some of these applications and to relate their importance to the investigation of criminal cases.The depth of field and high resolution of the SEM are an asset to the evaluation of evidence with respect to surface phenomena and physical matches (1). Fig. 1 shows a Phillips screw which has been reconstructed after the head and shank were separated during a hit-and-run accident.


Author(s):  
Igor I. Kartashov ◽  
Ivan I. Kartashov

For millennia, mankind has dreamed of creating an artificial creature capable of thinking and acting “like human beings”. These dreams are gradually starting to come true. The trends in the development of modern so-ciety, taking into account the increasing level of its informatization, require the use of new technologies for information processing and assistance in de-cision-making. Expanding the boundaries of the use of artificial intelligence requires not only the establishment of ethical restrictions, but also gives rise to the need to promptly resolve legal problems, including criminal and proce-dural ones. This is primarily due to the emergence and spread of legal expert systems that predict the decision on a particular case, based on a variety of parameters. Based on a comprehensive study, we formulate a definition of artificial intelligence suitable for use in law. It is proposed to understand artificial intelligence as systems capable of interpreting the received data, making optimal decisions on their basis using self-learning (adaptation). The main directions of using artificial intelligence in criminal proceedings are: search and generalization of judicial practice; legal advice; preparation of formalized documents or statistical reports; forecasting court decisions; predictive jurisprudence. Despite the promise of using artificial intelligence, there are a number of problems associated with a low level of reliability in predicting rare events, self-excitation of the system, opacity of the algorithms and architecture used, etc.


2020 ◽  
Vol 6 (3) ◽  
pp. 166-170
Author(s):  
Vasyl Topchiy ◽  
Maksym Zabarniy ◽  
Nataliya Lugina

A cooperation between states in criminal cases is carried out in order to achieve the goals of justice and may exist at the stage of pre-trial investigation, trial, as well as after the entry into force of a court decision (sentence, ruling). Forms of international cooperation in the investigation of criminal cases are quite diverse. The main ones are: providing legal assistance, which consists in carrying out procedural actions, because during the investigation and trial of criminal cases there is often a need to gather evidence abroad by questioning defendants, victims, witnesses, experts, conducting searches, examinations, court inspections, seizure and transfer of items, delivery, and forwarding of documents, etc.; extradition of persons for criminal prosecution or for the execution of a court sentence; arrest, search and confiscation of proceeds of crime (states undertake to cooperate in the investigation of money laundering; assist in the investigation and take appropriate measures: to freeze bank accounts, seize property to prevent its concealment; confiscate proceeds of crime or property, value of which corresponds to the value of income, etc.). The normative basis for the international cooperation in the investigation of criminal cases is the European Convention on Mutual Assistance in Criminal Matters dated April 20, 1959; the Criminal procedural code of Ukraine; Methodical recommendations of the General Prosecutor’s Office of Ukraine; Order No. 223 “On the organization of the work of the Prosecutor’s Office of Ukraine in the field of international legal cooperation” dated September 18, 2015. The legal basis for international cooperation in criminal matters is the current bilateral and multilateral international treaties of Ukraine, the binding nature of which has been approved by the Verkhovna Rada of Ukraine. Among the multilateral international agreements, there should be noted the European conventions on criminal justice: the European Convention on the Extradition with two additional protocols to it, the European Convention on Mutual Assistance in Criminal Matters with an additional protocol to it, the European Convention on the Transfer of Proceedings in Criminal Matters, The Convention on the Transfer of Sentenced Persons with an additional protocol, The European Convention on the Supervision of Conditionally Sentenced or Conditionally Released Offenders, the Convention on Laundering, Search, Seizure, and Confiscation of the Proceeds from Crime and the European Convention on the International Validity of Criminal Judgements. In addition, the Commonwealth of Independent States has the 1993 Convention on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters and its 1997 Protocol; within the framework of the United Nations, there is the Convention on Transnational Crime of 2000, together with two Protocols thereto. These multilateral international agreements establish a uniform sphere of cooperation between law enforcement and judicial authorities in relation to all European countries. Today, the most effective is the method of “SWOT-analysis”, which is currently recognized in the scientific community as one of the most popular tools in strategic planning of social processes, including in the investigation of criminal cases. Although the type of analysis is still considered by most scientists as Bohomolova Ye., (2004) a method of marketing research of enterprises in the market in the context of business practice, the object of “SWOT-analysis” can be as legislation, the practice of its application and prospects of their improvement, and materials of criminal cases. Methodology. Achieving the purpose of this publication is ensured by the use of cognitive philosophical, general scientific and special methods, among which the main are analysis and synthesis, comparative law method, which allow to identify prospects for the use in criminal cases of the method of “SWOT-analysis”, which is currently recognized in the scientific community as one of the most popular tools in strategic planning of social processes. Methods of grammatical review and interpretation of legal norms have helped to identify gaps in the legislation governing the investigation of criminal cases, in particular in the field of economics, and to develop proposals for its improvement. Practical importance. International cooperation in criminal proceedings is an organizationally complex process, which requires the use of effective and efficient methods to perform the tasks of criminal proceedings, respect for the rights and freedoms of all participants in the process, including not violating a reasonable time in the investigation. To date, science has developed many methods of analyzing the law, the practice of their application, and identifying ways to improve legislation, taking into account the results of forecasting the prospects for society and the state. To ensure a high level of quality of criminal investigations in the framework of international cooperation, it is necessary to choose the one that will give the most effective results and allow to formulate the most optimal proposals in a particular criminal case and the practice of their application. An attempt to solve this problem is presented in this study.


Lex Russica ◽  
2019 ◽  
pp. 117-131 ◽  
Author(s):  
I. I. Sheremetev

The paper deals with topical issues related to the use of digital technologies in criminal proceedings. The author presents the directions of digitization of the court and the principles of using artificial intelligence, formulated by the bodies of the Council of Europe. The stages of the emergence of individual digital technologies first in the work of arbitration courts, and later — courts of general jurisdiction are shown. Existing and promising digital technologies are considered as the criminal case moves, after its submission in court from the Prosecutor. Considerable attention is given to the order of formation of the court for the consideration of a particular criminal case. The author analyzes the difficulties encountered in the use of an automated information system in this matter, and proposes ways to resolve them. The author considers it necessary to use e-mail to call victims, witnesses and other participants in the proceedings, for which he proposes to make appropriate changes to the current procedural legislation. The article reveals the current procedure and prospects for the use of video conferencing systems, audio and video recording of the trial in the criminal process. The author reports on the experimental development of speech recognition programs for participants in the trial. Special attention is given to the achievements in the implementation of digital technologies in the Moscow courts, implemented in the course of the international project «Support for judicial reform». In this regard, the author describes the creation of electronic copies of traditional «paper» cases in the courts of Moscow, making the proceedings more open.


Author(s):  
O. A. Malysheva

The article focuses on the change in the rules of criminal procedure evidence, due to the increasingly active introduction of digital technologies in the criminal procedure sphere. Taking into account the foreign experience of initiating and investigating criminal cases in digital format, the article clarifies promising areas of digitalization of Russian criminal proceedings. Means that prevent the investigator from violating the procedural form of evidence when using digital technologies in criminal proceedings are determined.


2020 ◽  
Vol 1 (12) ◽  
pp. 36-42
Author(s):  
M. V. Shmeleva

The paper is devoted to the issues of digitalization in state and municipal procurement. Every year the field of state and municipal procurement is becoming more and more processible, new technologies and solutions are being introduced, procurement processes are becoming more and more automated. Rapid changes in the field under consideration force participants of procurement to intensively master such technologies as chat bots, artificial intelligence, blockchain, etc. As a result of the research, the author has come to the conclusion that the existing regulation of state and municipal procurement is already sufficient for smart contracts to be successfully integrated into the Russian legal system.


Lex Russica ◽  
2021 ◽  
pp. 77-87
Author(s):  
E. K. Antonovich

The importance of digitalization in all industries is increasing, especially since the possibilities of information technologies are obvious. Criminal proceedings are no exception. In criminal proceedings, information technologies are generally used in the production of an investigative action or with the transition of the entire criminal proceedings to an electronic format. Digitalization in criminal proceedings can be caused by the search for the optimal way to increase the efficiency of criminal proceedings and create reliable guarantees for the protection of the rights and freedoms of persons involved in the criminal proceedings, the use of information technologies on a single digital platform in the paradigm of decisions and evidence. Therefore, digitalization can play a certain role in making decisions about the participation of a person in criminal proceedings.The concept of "artificial intelligence (AI)" appeared in the middle of the last century, but it is only now that AI itself and its capabilities became of interest to society. Modern electronic dictionaries and built-in translators have become popular. It seems important to take into account the very nature of digital technologies.The paper is devoted to clarifying the question of whether multi-vector and multi-valued information technologies can replace any participants in criminal proceedings or become one of the conditions for creating a basis for such a participant as a translator to enter the sphere of criminal proceedings. We will analyze not only the legislation and law enforcement practice of the Russian Federation, but also the positive experience of legislation and law enforcement practice of some foreign countries.


2021 ◽  
Vol 17 (5) ◽  
pp. 220-227
Author(s):  
ELENA PAPYSHEVA ◽  

This article examines the possibilities of using machine-readable law technologies in criminal procedural legislation and criminal proceedings; the analysis of the Concept of development of technologies of machine-readable law is carried out in order to determine the possibility of applying its provisions in the context of criminal procedural law. According to the author, the development of the technology of machine-readable law sets the legislator the task of starting the process of adapting the norms of the criminal procedure law to their subsequent presentation in formal language. Legislative acts should be structured as much as possible, within the acts, norms are more clearly divided into certain categories and groups with the building of logical connections between them. The norms of legislative acts need to be formalized, their content should not have legal and linguistic uncertainties, normative conflicts and broad discretionary powers. The conclusion is made about the need for legal transformations, formalization of the norms of the Criminal Procedure Code of the Russian Federation, based on the principle of legal certainty. If the adaptation of legislation to machine-readable norms is the future in the development of science and the system of legal regulation of the state, then the use of digital technologies in criminal proceedings is a matter of the present. It seems that modern digital technologies are sufficiently developed to start developing an automated information system at the state level that meets the formal requirements of the Criminal Procedure Code, within the framework of which a preliminary investigation will be carried out. Moreover, we are talking not only about the «electronic criminal case» in its generally accepted understanding. The author proposes the creation of a comprehensive universal program that provides for the automated application of the ontology of machine-readable law (descriptions in the formal language of many objects in the field of law and the connections between them) in the investigation of criminal cases using the method of teaching artificial intelligence based on a large array of data (including data, constituting the empirical base of research, which was studied in the development of private methods for investigating certain types of crimes).


Author(s):  
Ivan Kogutych

The article analyzes some theoretical and practical aspects of the psychological and cognitive nature of the leading questions in criminal proceedings. It is stated that neither legislation nor the theory contains a single acceptable definition of a "leading question". This is explained by the fact that it is almost impossible to give a clear definition of the aforementioned questions in criminal proceedings (even though the Ukrainian legislature's attempt to define this notion was rather unsuccessful (Article 352, part 6 of the CCP). It is emphascized on the correctness of the widespread scientist’s opinion that the main dander in a leading question is its regular inadmissible suggestive power, which may be due not so much to the information contained in the formulation of the question as to other factors: the context of the question's voice; facial expressions; gestures; intonation of the inquirer or other non-linguistic impurity in language considered by non-verbal forensic science. It is supported by the conclusion that there is still no single scientific position on which questions are inherently suggestive. It is stated that in order to improve the situation with the use of leading questions in criminal proceedings, it is first and foremost necessary that criminal procedural law should differentiate between the most common types of leading questions and only then do prohibit some of them, regardless of the stage of the trial. Instead, the latter works the opposite, recognizing that all the questions raised are inadmissible if it relates primarily to direct interrogation. In this way, the legislator, in the author's opinion, significantly limits the freedom of choice of interrogation tactics to both the investigator and the court. Therefore, the need and admissible possibility of maximizing the use of leading questions during interrogations and other evidentiary proceedings in the pre-trial investigation and judicial review of criminal cases is justified. The arguments for the realization of this possibility are presented, in particular: to determine the psychological and scientific criteria according to which a particular formulation of a question can be regarded as containing an unacceptable suggestive influence on the interviewee; to develop a methodological mechanism for establishing (diagnosing) the admissible level of the suggestive influence of a leading question, since the question of the admissibility of evidence depends on the content of the categorical nature of this variety of questions; more clearly (normatively and tactically) differentiate the limits of the lawfulness of coverage by a category of leading questions in case of announcement to the interviewee of a previously given testimony, presentation of evidence to him and the use of a number of other tactical techniques that are based in one way or another on the effect of a suggestion. In fact, all of them, in general, are based on acquaintance of the interviewee with a certain accentuated - meaningful part of the information established by the criminal proceedings.


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