Digital forensic standards and digital evidence in Polish criminal proceedings. An updated definition of digital evidence in forensic science.

2021 ◽  
Vol 13 (1) ◽  
pp. 1
Author(s):  
Piotr Lewulis
Keyword(s):  
Forensic Science ◽  
Digital Evidence ◽  
Criminal Proceedings ◽  
Digital Forensic ◽  
Definition Of

scholarly journals Leading questions in criminal proceedings: some aspects of the concept

1970 ◽  
pp. 296-301
Author(s):  
Ivan Kogutych
Keyword(s):  
Forensic Science ◽  
Facial Expressions ◽  
Judicial Review ◽  
Clear Definition ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Freedom Of Choice ◽  
Procedural Law ◽  
Definition Of ◽  
Leading Question

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.

scholarly journals Dowody cyfrowe – teoria i praktyka kryminalistyczna w polskim postępowaniu karnym

2021 ◽  
Author(s):  
Piotr Lewulis
Keyword(s):  
Forensic Science ◽  
21St Century ◽  
Empirical Data ◽  
Criminal Trial ◽  
Theory And Practice ◽  
Digital Evidence ◽  
Criminal Proceedings ◽  
The Third ◽  
Court Proceedings

The author attempts to address the problem of using digital evidence in Polish criminal trial from the perspective of the third decade of the 21st century. He discusses technical as well as penal and procedural issues, considering the need to reconcile theory and practice. Digital evidence, a frequent component of contemporary criminal proceedings, is an extremely complicated matter from the perspective of forensic science. The reflections are supported by empirical data obtained during 2019 research, which was conducted through analysis of the final court proceedings.

scholarly journals Identifying Digital Forensic Frameworks Based on Processes Models

2021 ◽  
pp. 249-258
Author(s):  
Talib M. Jawad Abbas ◽  
Ahmed Salem Abdulmajeed
Keyword(s):  
Forensic Science ◽  
Digital Forensics ◽  
Digital Evidence ◽  
Digital Devices ◽  
Digital Forensic ◽  
Reliable Evidence ◽  
Basic Concepts ◽  
Investigation Process

Digital forensic is part of forensic science that implicitly covers crime related to computer and other digital devices. It‟s being for a while that academic studies are interested in digital forensics. The researchers aim to find out a discipline based on scientific structures that defines a model reflecting their observations. This paper suggests a model to improve the whole investigation process and obtaining an accurate and complete evidence and adopts securing the digital evidence by cryptography algorithms presenting a reliable evidence in a court of law. This paper presents the main and basic concepts of the frameworks and models used in digital forensics investigation.

CONCEPT AND CONTENT OF A RECONCILIATION AGREEMENT IN THE CRIMINAL PROCEEDINGS OF UKRAINE

2017 ◽  
Author(s):  
Mariia Sirotkina ◽  
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Main Attention ◽  
Criminal Offense ◽  
Procedural Law ◽  
Legal Nature ◽  
Criminal Procedure Law ◽  
The Subject ◽  
Definition Of

The article is turned out to a scientific search for the concept of "a reconciliation agreement between the victim and the suspect or accused" through the study of the essence of reconciliation and role in criminal proceedings thereof. The author notes that criminal procedural law (until 2012) had been proclaimed another approach to reconciliation between victim and suspect, not involved a dispute procedure as a conflict, the result of which can be reached by compromise and understanding through reconciliation. It is stated that one of the ways to resolve the legal conflict in committing a criminal offense was the opportunity to reach a compromise between the victim and the suspect (the accused) by concluding a reconciliation agreement between them, provided by the Code of Сriminal Procedure of Ukraine (2012). The main attention is placed on the shortcoming of the domestic criminal procedure law which is the lack of the concept of "a reconciliation agreement between the victim and the suspect or the accused", which can be eliminated only through examining the essence or legal nature of reconciliation in criminal proceedings. Taking into consideration the current legislation and modern views on the institution of reconciliation in criminal proceedings, the author's definition of the concept of "a reconciliation agreement" is proposed. Thus, “The conciliation agreement is an agreement in criminal proceedings concluded between the victim and the suspect or the accused person on their own initiative in relation to crimes of minor or medium gravity and in criminal proceedings in the form of private prosecution, the subject of which is the compensation of harm caused by wrongdoing or committing other actions not related to compensation for the damage that the suspect or the accused is obliged to commit in favor of the victim, in exchange for an agreed punishment and sentencing thereof or sentencing thereof and relief from serving a sentence with probation, as well as the statutory consequences of conclusion and approval of the agreement".

Forensic Data Extraction and Analysis of Left Artifacts on emulated Android Phones: A Case Study of Instant Messaging Applications

2017 ◽  
Vol 2 (11) ◽  
pp. 8-16
Author(s):  
Moses Ashawa ◽  
Innocent Ogwuche
Keyword(s):  
Mobile Phones ◽  
Instant Messaging ◽  
Data Extraction ◽  
Digital Evidence ◽  
Cyber Attack ◽  
Forensic Evidence ◽  
Digital Forensic ◽  
Proportional Increase ◽  
Forensic Tools

The fast-growing nature of instant messaging applications usage on Android mobile devices brought about a proportional increase on the number of cyber-attack vectors that could be perpetrated on them. Android mobile phones store significant amount of information in the various memory partitions when Instant Messaging (IM) applications (WhatsApp, Skype, and Facebook) are executed on them. As a result of the enormous crimes committed using instant messaging applications, and the amount of electronic based traces of evidence that can be retrieved from the suspect’s device where an investigation could convict or refute a person in the court of law and as such, mobile phones have become a vulnerable ground for digital evidence mining. This paper aims at using forensic tools to extract and analyse left artefacts digital evidence from IM applications on Android phones using android studio as the virtual machine. Digital forensic investigation methodology by Bill Nelson was applied during this research. Some of the key results obtained showed how digital forensic evidence such as call logs, contacts numbers, sent/retrieved messages, and images can be mined from simulated android phones when running these applications. These artefacts can be used in the court of law as evidence during cybercrime investigation.

Legal Nature of Private Video Recordings as Evidence in Criminal Proceedings

De Jure ◽  
2021 ◽  
Vol 12 (1) ◽  
Author(s):  
Gergana Ivanova ◽  
Keyword(s):  
Criminal Proceedings ◽  
Electronic Evidence ◽  
Physical Evidence ◽  
Video Recordings ◽  
Main Emphasis ◽  
Legal Nature ◽  
Definition Of ◽  
Dual Treatment

The article analyzes the legal nature of private video recordings as evidence in criminal proceedings through the prism of the increasing development of technology and the concept of electronic evidence. The main emphasis in the paper is placed on the derivation of a definition of this particular source of evidence and the possibilities for its dual treatment as physical and non-physical evidence.

HEALTH DISORDER ASSOSIATED WITH PERMANENT DISABILITY AS THE SIGN OF BODILY HARM

2021 ◽  
Vol 74 (6) ◽  
pp. 1396-1400
Author(s):  
Igor І. Mytrofanov ◽  
Igor V. Lysenko ◽  
Mykola М. Riabushko ◽  
Volodymyr H. Hryn ◽  
Roman M. Riabushko ◽  
...  
Keyword(s):  
Bodily Harm ◽  
Criminal Proceedings ◽  
Ability To Work ◽  
Joint Research ◽  
Permanent Disability ◽  
General Ability ◽  
Judicial Practice ◽  
Permanent Loss ◽  
Definition Of ◽  
Medical Examinations

The aim: The paper is aimed at creation of the procedure and criteria for determining a health disorder associated with permanent disability as a sign of serious bodily harm. Materials and methods: To identify the problems faced by forensic medical and judicial practice in determining a health disorder associated with permanent disability, we studied more than 100 criminal proceedings from 2007 to the present time. Results: Ways to further improvement of the procedure for conducting expert studies on health disorders, associated with persistent loss of general ability to work as a characteristic feature of the bodily harm have been found to avoid errors in forensic medical and judicial practice. The issues of conducting forensic medical examinations to determine the degree of loss of general ability to work remain unresolved. The lack of joint research projects conducted by both medical and legal scientists leads to the polysemy and different approaches in the stating of certain concepts that are the subject of study of both medical and law sciences. Currently, the definition of the offence against health is debatable and the issues of criteria for determining such damage are not completely settled to date. Conclusions: We consider the development of the Procedure and Criteria for determining the degree (in percentage) of the permanent loss of general ability to work of victims of criminal offences, established by forensic medical experts, is crucial.

Process of detention in Ukrainian criminal procedure

2020 ◽  
Vol 5 (5) ◽  
pp. 216-222
Author(s):  
Dariya Lazareva ◽  
Nataliia Reztsova
Keyword(s):  
Criminal Procedure ◽  
Research Paper ◽  
Criminal Proceedings ◽  
Definition Of ◽  
Immediate Response

This research paper presents the analysis of essential characteristics of the detention process by an authorized official as an institution of criminal procedure. The author's definition of the concept of detention by an authorized official has been formulated. The authors have proposed to consider the use of this measure to ensure criminal proceedings as a form of proper and immediate response by authorized officials to the discovery of a crime and obtaining primary information that allows to reasonably suspect a person in its commission.

Artificial intelligence: criminal and procedural aspects

2021 ◽  
pp. 75-89
Author(s):  
Igor I. Kartashov ◽  
Ivan I. Kartashov
Keyword(s):  
Artificial Intelligence ◽  
New Technologies ◽  
Human Beings ◽  
Criminal Proceedings ◽  
Legal Advice ◽  
Judicial Practice ◽  
Legal Expert ◽  
To Come ◽  
Definition Of ◽  
Self Learning

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.

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