scholarly journals Computer forensics and electronic evidence in criminal legal proceedings: Lithuania’s experience

2019 ◽  
pp. 11-24
Author(s):  
Jolita Kančauskienė
Keyword(s):  
Best Practice ◽  
Criminal Procedure ◽  
Computer Forensics ◽  
Criminal Prosecution ◽  
Legal Proceedings ◽  
Electronic Evidence ◽  
Evidence Law ◽  
The Republic ◽  
Ultimate Objective ◽  
Law And Legislation

Jolita Kančauskienė, a Prosecutor of the Criminal Prosecution Department, Prosecutor General’s Office in the Republic of Lithuania, examines the role and development of electronic evidence in criminal legal proceedings in Lithuania. Since the ultimate objective is to use evidence to prove or disprove disputed facts, electronic evidence must be obtained in compliance with existing legislation and best practice to ensure admissibility at trial. Index words: Evidence law, criminal procedure, Electronic evidence law and legislation, Lithuania

scholarly journals Electronic Evidence in Criminal Procedure: On the Effects of ICT and the Development towards the Network Society on the Life-cycle of Evidence

2019 ◽  
pp. 6-10
Author(s):  
Juhana Riekkinen
Keyword(s):  
Information Technology ◽  
Life Cycle ◽  
Criminal Procedure ◽  
Civil Procedure ◽  
Electronic Records ◽  
Network Society ◽  
Electronic Evidence ◽  
Evidence Law ◽  
Doctoral Work ◽  
Law And Legislation

This paper provides a summary of the doctoral work of Juhana Riekkinen, awarded Doctor of Laws by the Lapin yliopisto (University of Lapland) on 5 June 2019. Index words: Evidence law, civil procedure, Electronic evidence law and legislation, Electronic discovery, Electronic records, Information Technology, Networks

scholarly journals On the Implementation of the Captains of the Vessels of Powers of Bodies of Inquiry

2020 ◽  
pp. 80-82
Author(s):  
Andrey Mikhailovich Dolgov
Keyword(s):  
Public Relations ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Legal Proceedings ◽  
Stage Of Development ◽  
Foreign Countries ◽  
Communication Links ◽  
The Republic ◽  
The Impact ◽  
Current Stage

The paper deals with the implementation of such a principle of criminal procedure as the adversarial nature of the parties, in relation to the modern con-ditions of digitalization of legal proceedings. The relevance of this topic is explained by the fact that the current stage of development of public relations, characterized by the significant digitalization of communication links, in turn, is reflected in changes in legislation in General, and criminal proceedings in particular. At the same time, competition is one of the fundamental principles of this branch of law, the application of which should also be reflected in changes in legislation. In the course of the work, the criminal procedure norms regulating these issues, statistical data on the work of courts of General ju-risdiction, opinions and positions of leading proce-dural scientists in Russia and foreign countries (the Republic of Kazakhstan, Germany) were examined. As a result of the conducted research, the conclu-sion is made about the impact of the development of digitalization of criminal proceedings on the prac-tical application of the principle of adversarial par-ties.

ELECTRONIC EVIDENCE IN CRIMINAL PROCEEDINGS

2017 ◽  
Author(s):  
Anastasiia Antoniuk ◽  
◽  
Valeriia Rusetska ◽  
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Specialized Knowledge ◽  
Legal Proceedings ◽  
Electronic Evidence ◽  
Effective Implementation ◽  
Procedure Code ◽  
Definition Of ◽  
Developed World ◽  
Theoretical Issues

This article is devoted to the consideration of theoretical issues related to the introduction in Ukraine of the institution of electronic evidence of criminal proceedings. The article also raises the question of ways to obtain electronic evidence. The article notes that in the modern developed world there are more and more new types of crimes. In this context, we will consider crimes closely related to the use of information technology. Proving such crimes raises some difficulties. To date, it is relevant to consolidate the concept of electronic evidence in the Criminal Procedure Code of Ukraine and the formation of a methodology for their study. Also, the author of the article notes that among the unresolved and problematic aspects of using electronic evidence in criminal proceedings in Ukraine, scientists distinguish: the lack of a clear procedural procedure for obtaining them in accordance with the Criminal Procedure Code of Ukraine; lack of grounds for declaring electronic evidence inadmissible; difficulties in identifying and fixing electronic evidence due to the lack of specialized knowledge among investigators, which necessitates the involvement of specialists for conducting legal proceedings; lack of a developed methodology for studying such evidence; lack of uniform terminology and regulation at the legislative level. It is determined in the article that for the effective implementation of international law in the field of combating cybercrime, it is advisable to substantiate the need for a legislative definition of electronic evidence, sources of their formation, the admissibility of international cooperation through the exchange of electronic evidence, the expediency of using electronic methods of sending requests and responses about their implementation, the possibility application of control information supply for investigation of transnational computer crimes. Based on the above, the author offers his own definition of electronic evidence. It is concluded that it is necessary to legislatively consolidate the term "electronic evidence" and continue to study the category, the importance of developing a methodology for studying electronic evidence, the procedure for collecting and recording them.

scholarly journals ANTI-CORRUPTION THE CRIMINAL PROCEDURE LEGISLATION OF RUSSIA

2019 ◽  
Vol 7 (5) ◽  
pp. 646-649
Author(s):  
Alexander Yurevich Epihin ◽  
Oleg Aleksandrovich Zaitsev ◽  
Ekaterina Pavlovna Grishina ◽  
Andrey Viktorovich Mishin ◽  
Gulnar Isaevna Aliyeva
Keyword(s):  
Russian Federation ◽  
Judicial Review ◽  
Criminal Procedure ◽  
Criminal Prosecution ◽  
Criminal Cases ◽  
Legal Proceedings ◽  
Territorial Jurisdiction ◽  
Current Trends ◽  
Teachers And Students ◽  
The Russian Federation

Purpose: In article current trends of application of the criminal procedure legislation of the Russian Federation in compliance with the purpose of criminal legal proceedings and in the context of counteraction corruption and prevention of abuse of the law of the officials who are carrying out criminal prosecution and judicial review and permission of criminal cases are stated. Methodology: In the course of the research of problematic issues and statements of the material of the article the dialectic, comparative and legal, law modeling, logical, inductive and deductive methods were used. Result: As shows investigative and judicial practicians there are enough the facts of unreasonable initiation of legal proceedings concerning businessmen, with an application of measures of criminal procedure coercion (arrest on the property, blocking of bank accounts and so forth) which result is crash of firm. Change of territorial jurisdiction of consideration of the case of another region by the court is directed to the elimination of a possibility of rendering an impact on objectivity of adjudication. Casual distribution of participation of the lawyer in a criminal case to a destination (when he has to be present surely for protection of the defendant) promotes impartiality of realization of the function of protection in pre-judicial production. The intention of the legislator to enter the obligatory video protocol of court session is directed to a performance by all participants of the process of legal instructions and duties will eliminate possible manifestations of corruption character by officials. Applications: This research can be used for universities, teachers, and students. Novelty/Originality: In this research, the model of Anti-Corruption The Criminal Procedure Legislation of Russia is presented in a comprehensive and complete manner.

scholarly journals CRIMINALISTIC TASKS WHILE CRIMINAL PROCEDURE REFORMATION

2018 ◽  
Vol 18 ◽  
pp. 53-62
Author(s):  
A. F Volobuiev ◽  
M. V. Danshin
Keyword(s):  
Procedural Knowledge ◽  
Criminal Procedure ◽  
Radical Change ◽  
The Body ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Conceptual Approach ◽  
Legal Proceedings ◽  
Conceptual Changes ◽  
Definition Of

This article examines specifics trends of conceptual changes in the system of modern criminal proceedings regarding the use of criminalistic means and techniques as a cognitive tool in criminal procedure in Ukraine. Authors analyzed the reform impact of domestic criminal procedural legislation on definition of goals and objectives of criminalistics; in particular, the emphasis is on the significant expansion of competitiveness in pre-trial investigation and legal proceedings. Proposals of certain criminalists concerning allocation of separate subsystems of knowledge and recommendations directed at different subjects of criminal proceedings in modern criminalistics are analyzed. Characteristic of the conceptual approach of allocation Criminalistic Advocacy Studies is offered in Criminalistics. In this regard, types of advocacy activities in the context of solved tasks by means of сriminalistic knowledge are considered. It is noted that attorney while performing his professional duties – the protection of a person who is subject to criminal prosecution, or the implementation of the representation of the victim, really uses сriminalistic knowledge but for different purposes. In last case, the purpose and scope of the сriminalistic knowledge used by a lawyer actually coincide with the purpose and scope of knowledge of the body of pre-trial investigation. Activity of a lawyer regarding a representation office while the criminal proceedings of the victim's interests is illustrated investigation materials of anthropogenic disaster entailing loss of life. Against this background, a conclusion is drawn on the contradiction and uncertainty of the proposal regarding the formation of "criminalistic advocacy" as a subsystem of criminalistics. According to the performed analysis of an author's vision of modern integration of сriminalistic and criminal procedural knowledge is proposed. It is summarized that use of сriminalistic knowledge can be carried out by each participant in the criminal proceedings in the scoop he thinks fit to achieve his goal, but this does not give grounds for the division of criminalistics into specific subsystems depending on the used subjects. It is emphasized that in view of the radical change regarding domestic criminal procedure, nowadays some scientific norms and practical recommendations of criminalistics need to be reviewed or corrected.

scholarly journals INTERROGATION OF THE VICTIM, THE WITNESS UNDER A PSEUDONYM IN PRE-JUDICIAL AND JUDICIAL PRODUCTIONS (CRIMINAL PROCEDURE AND CRIMINALISTIC ASPECTS)

2019 ◽  
Vol 29 (4) ◽  
pp. 480-486
Author(s):  
A.Yu. Epikhin ◽  
A.V. Mishin
Keyword(s):  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Judicial Practice ◽  
Current State ◽  
Criminal Procedure Law ◽  
The Republic ◽  
Practical Recommendations

Ensuring the safety of victims, witnesses in a criminal case allows to carry out the main objectives of criminal prosecution. Interrogation as one of the main investigative actions allows to record important information of evidentiary nature in the case. Currently, there is a sufficient number of proven forensic recommendations for tactics of interrogation of the victim, the witness in pre-judicial production. At the same time, interrogation of such participants of criminal proceedings under a pseudonym in preliminary investigation and, especially in court session, in terms of criminalistics is poorly studied. The article discusses problematic issues of the current state of the organization and tactics of interrogation under a pseudonym of the protected person in pre-judicial and judicial criminal case productions. The authors have proposed variable tactical solutions on production of interrogation of this type, practical recommendations for the persons conducting proceedings, as well as formulated proposals aimed at improving the effectiveness of the law enforcement of the criminal procedure law. The data of generalization of investigatory and judicial practice in the Republic of Tatarstan have been used.

scholarly journals Originality in Belgian civil law: comparing the Code Napoleon with Book 8 of the New Belgian Civil Code

2019 ◽  
pp. 25-39
Author(s):  
Niels Vandezande ◽  
Jessica Schroers
Keyword(s):  
Civil Law ◽  
Civil Procedure ◽  
Civil Code ◽  
Electronic Evidence ◽  
Evidence Law ◽  
Law And Legislation

Dr Niels Vandezande and Jessica Schroers examine the introduction of an entire New Belgian Civil Code and the opportunity provided to make revisions to take account of electronic evidence. The authors explain how the NBCC codifies and simplifies existing rules to take account of digital issues. Index words: Belgium, Evidence law, civil law, civil procedure, Electronic evidence law and legislation

scholarly journals ON THE APPOINTMENT OF THE MODERN RUSSIAN CRIMINAL PROCESS

2021 ◽  
Vol 31 (2) ◽  
pp. 271-276
Author(s):  
O.A. Maksimov
Keyword(s):  
Criminal Law ◽  
Criminal Procedure ◽  
The State ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Legal Proceedings ◽  
The Subject ◽  
State Protection ◽  
Modern Russian

The article examines the purpose of the modern Russian criminal procedure as a way of implementing the constitutionally defined tasks of the state. With a variety of approaches to defining the subject of research, one can single out two interrelated, but also mutually exclusive ideas that underlie the understanding of the purpose of criminal proceedings - for the implementation of criminal law (combating crime, organizing criminal prosecution) or for protecting the rights and freedoms of persons involved in criminal proceedings. legal proceedings. The prevalence of one of them depends on the type of process, while they cannot exist on equal terms due to the opposite methods of implementation in a particular criminal proceeding. With the priority of one of the ideas, the entire criminal process is built according to the type of designated purpose, and the second idea is one of the means of achieving it. The purpose of the criminal procedure follows from the main tasks of the state. It is concluded that in connection with the clearly established in the Constitution the basic values subject to state protection, the only purpose of the modern Russian criminal procedure is to protect human rights and freedoms, regardless of his procedural status in criminal proceedings.

scholarly journals The position of the injured party in a prosecutorial investigation

2021 ◽  
Vol 93 (1) ◽  
pp. 43-86
Author(s):  
Aleksandar Kvastek
Keyword(s):  
Federal Republic ◽  
Criminal Procedure ◽  
Public Prosecutor ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
The Public ◽  
Procedure Code ◽  
Injured Party ◽  
The Difference ◽  
The Republic

This paper will analyse the position of the injured party in an investigation conducted by the public prosecutor's office, which was implemented in the Republic of Serbia in 2011. After we have given the definitions of the injured party and the difference with the term victim, as a criminological category, we will discuss whether the Serbian Criminal Procedure Code (2011) takes a step back when it comes to the position of the injured party in criminal proceedings. First of all, the ability of the injured party to become a subsidiary prosecutor was limited, as it was prescribed that the injured party can take over criminal prosecution only after the confirmation of the public prosecutor's indictment, so the opportunity to acts as a subsidiary prosecutor does not exist in the manner in which it existed under the Criminal Procedure Code from 2001 of the Federal Republic of Yugoslavia. Then, we shall demonstrate how the position of the injured party was exacerbated in relation to deferred prosecution, as the injured party cannot submit an objection to the higher public prosecutor to re-examine the decision not to prosecute and the injured party's consent is not needed for this decision. The research conducted among deputy public prosecutors and attorneys for the purposes of this paper confirms the presumption that the Criminal Procedure Code in force downgraded the injured party's impact on the criminal proceedings.

scholarly journals PARE0008 MOBILE APPLICATION “MOJRA” FOR MONITORING PATIENTS WITH RHEUMATOID ARTHRITIS

2020 ◽  
Vol 79 (Suppl 1) ◽  
pp. 1290.1-1290 ◽  
Author(s):  
N. Teodorovic ◽  
S. Djordjevic ◽  
L. Vranic
Keyword(s):  
Rheumatoid Arthritis ◽  
Health Care ◽  
Best Practice ◽  
Mobile Apps ◽  
Digital Health ◽  
Work Capacity ◽  
Learning Center ◽  
Approval Procedure ◽  
The Republic

Background:In Serbia, regular examinations with a rheumatologist are scheduled on average every 3 to 4 months. With this in mind, there is a real possibility that many patient data during this period may not be presented to the doctor during the examination, either because the patient forgets them or because they may focus on other issues and may not highlight key factsObjectives:To overcome this problem, the Association of Patients with Rheumatic Diseases of Serbia-ORS in cooperation with an IT firm developed the application “MojRA”, which was presented at the annual rheumatology congress of Serbia held in September 2019. The application “MojRA” is intended for patients suffering from rheumatoid arthritis - RA. The application enables efficient storage and systematization of data, allows doctors to monitor the condition of their patients between two examinations and have a medical history. “MojRA” is available for now from smartphones running the android operating system on the google play store. The privacy of patient information is guaranteed.Methods:Patients with RA will be able to record and store information about important moments during treatment in a simple and transparent way. At each subsequent visit they will be able to describe what happened to their illness in the meantime. The application can create different types of reports and views.At the same time, the doctor can use the app to inform the patient about her/his condition in real time, which will contribute to better and more meaningful communication. All this would improve the quality of health care, preserving work capacity and improving the quality of life.Results:In order to simplify biotherapy committee approval procedure for patients of RA, the “Charger” has been developed in association with ORS and URes. The “Charger” will connect data collected by MojRa to the registry of RA patients, making the whole approval procedure more efficient and transparent.Testing of the second version of this application is underway, meetings are held between the patients using the application and the IT company that created it.Plans are to expand the app to other types of arthritis in the near future, too, and will soon be completed for devices running Apple operating systems.Conclusion:In addition to being of great benefit to patients and doctors, it can in the future be of immeasurable importance for the savings in the overall health care system of the Republic of Serbia.References:[1]Mobile Apps for Rheumatoid Arthritis: Opportunities and Challenges, Mollard E, Michaud K, Rheum Dis Clin, May 2019, Volume 45, Issue 2, Pages 197–209[2]Apps for People With Rheumatoid Arthritis to Monitor Their Disease Activity: A Review of Apps for Best Practice and Quality, Rebecca Grainger, Hutt Hospital, JMIR Publications, Advancing Digital Health Research, Feb 27, 2017.[3]ACR Mobile Apps,https://www.rheumatology.org/Learning-Center/Apps,American College of Reumatology.Disclosure of Interests:None declared

Sign in / Sign up

Export Citation Format

Share Document