scholarly journals MODERN APPROACHES TO DIGITALIZATION OF PRE-TRIAL PROCEEDINGS IN CRIMINAL CASES

Lex Russica ◽  
2020 ◽  
pp. 68-79 ◽  
Author(s):  
P. P. Ishchenko

The Russian criminal procedure is conservative and hardly affected by modern advances in digital technology. Outdated written proceedings are extremely resource-intensive and inefficient. Enshrinement of the regulations leading to a full implementation of the criminal proceedings in electronic format in the Criminal Procedural Code of the Russian Federation will lead to significant savings — both of materials and resources and work force, to facilitate the work of stakeholders and participants in criminal proceedings, will expedite and increase the transparency of the pretrial proceedings, simplify and reduce the cost of storage, archival and recovery of lost criminal cases. Electronic records management will simplify the creation of an electronic archive of criminal cases, so that it is possible to solve a number of forensic tasks, such as identifying crimes similar in method of commission (pattern in crime) with serial ones, committed in organized forms. The criminal cases stored in the electronic archive can be used to train investigators in the methods of investigation and preparation of procedural documents. Analyzing the experience of electronic records management application in different countries, the author comes to the conclusion that all the technologies necessary for the digitalization of criminal proceedings have already been developed, are available and widely distributed. The developed technical solutions are universal and can be applied to the digitalization of criminal proceedings, regardless of their type, belonging to the legal family, legal traditions of a particular state. The introduction of electronic record-keeping requires, however, certain changes in the Russian criminal procedure. No digitalization is possible until the legislator recognizes the evidence as information rather than a formally defined document and equates the file to a protocol. The use of new technologies for recording evidentiary information will require the development of new technical and procedural means to ensure the admissibility of such evidence.

Author(s):  
Vincent Malesela Mello ◽  
Mpho Ngoepe

Rand Water was one of the earliest institutions to introduce electronic records management in 1991. Over the period of three decades, there have been numerous changes at the institution, and within the South African legal framework, there is a need to transfer the digital records into archival custody. However, there is no infrastructure to ingest digital records into archival custody. This poses challenges to institutions such as Rand Water as they are forced to create an interim solution for electronic records preservation. The challenge is compounded by the fact that since implementing electronic systems, Rand Water has migrated to several products. There is a danger that some records might have been lost during migration. This chapter narrates on the electronic record-keeping within Rand Water from yesteryear to today in order to map the way for the future. It has established that Rand Water has implemented several ECMs and migrated to different products over the years. A further study on data loss and recoverability during migration to the different ECMs is recommended.


2020 ◽  
Vol 3 (1) ◽  
pp. 1
Author(s):  
Fajar Nyfantoro ◽  
Tamara Adriani Salim ◽  
Anon Mirmani

Introduction. In Indonesia, technology has developed in various fields, this study explores the management of archives in Indonesian institutions still uses conventional archives or manages records electronically. The result of our findings also convey information on the development of electronic records management that has been carried out through a systematic literature review.Methods. A systematic literature review method was used for exploring electronic records management study. The use of this method is designed to search for, assess, and synthesize the best available evidence. The goal is to get informative, evidence-based answers related to the research questions.Analysis. The research will be analyzed based on the theory of Population, Intervention, Comparison, Outcomes and Context (PICOC). Results and Discussion. Carried out through a systematic literature review method, our results found 20 documents that had links with electronic archive management activities. The institution applies electronic archive management by using software technology such as computer-based applications, Android-based applications on mobile phones, and website-based network applications to various processes of archiving activities.Conclusion Our results suggest that the management of institutional records in Indonesia should follow the development by implementing electronic management.


2019 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Qiuhui Xiao ◽  
Xiaotong Xu ◽  
Panpan Liu

Purpose Recently, increasing importance has been given to electronic records in China, despite the lack of understanding that institutions and organizations have regarding the security status of electronic records preservation. Wuhan, the largest city in central China, serves as a case to investigate the preservation security of electronic records. Challenges to security are summarized, and solutions are proposed to support policy-developing and operational guidance. The paper aims to discuss these issues. Design/methodology/approach The Delphi method is applied to analyze the advice of nine experts, select survey items and design questionnaires. Data are collected from 34 archives in Wuhan through field surveys, oral interviews and e-mails, which are analyzed and illustrated with three representative cases. Findings Main achievements of electronic records preservation are concluded in the electronic records management system, carrier types and storage formats, and data backup. Problems are summarized as a lack of awareness and capability of defending against security risks, disaster recovery capability, and understanding of electronic record characteristics. Solutions are proposed as follows: carrying out regular security risk evaluation, adopting new technologies, implementing application-level backup, strengthening technology-related education and attracting more IT talent to join the archive discipline. In addition, it is critical to promote an understanding of the characteristics of electronic records. Originality/value This paper investigates the security status of electronic records in central China by surveys and case studies. Critical problems and corresponding solutions are raised to support policy-developing and operational guidance for the research and practice of all kinds of institutions that implement electronic records preservation.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Dessy Harisanty ◽  
Esti Putri Anugrah

Purpose This paper aims to assess to which extent the legality of electronic archive management can realize Indonesia E-government. This aspect of legality can have a significant impact on the application ofe-government in a country. The legality focuses on the archival legislation of the Republic of Indonesia in discussion related to the management of electronic archives. Design/methodology/approach The method used in this research is content analysis with qualitative research approach. The data for this research was taken from the Undang-Undang Kearsipan Indonesia (Indonesia Archives Constitution) documents that is available on the official website of Arsip Nasional Republik Indonesia (ANRI) (National Archives of the Republic of Indonesia). To complete the discussion in this paper also conducted literature study using secondary literature sources. Findings From the aspect of legality, the management of electronic archives does not yet support the implementation of Indonesia E-government. From the aspect of legality, the laws governing the management of electronic archives has not yet existed, there is only the Regulation of the Head of the National Archives regarding the guidelines of general policy for electronic records management in 2012. Research limitations/implications This research is limited to the identification of comprehensive analysis on all documents of the ANRI on the management of electronic archives in the context of Indonesia E-government. From that, the gap between those aspects can be examined. Social implications This paper reveals the importance of legality in the form of regulation of electronic records management in Indonesia E-government. Findings from this research can be useful for the Indonesia E-government program. Originality/value Research with content analysis method on management of electronic archive on Law of Archiving in Republik Indonesia has never been done before. This also applies to the research on the relationship between the management of electronic archives with the application of Indonesia E-government.


2009 ◽  
Vol 11 (1) ◽  
Author(s):  
M.E. Kyobe ◽  
P. Molai ◽  
T. Salie

This study investigated the extent to which academics and students at a leading University in South Africa managed electronic records in accordance with good practices and regulatory requirements. Literature on electronic records management (ERM) and regulatory compliance was synthesised to create a framework for effective records management. A survey was then conducted to test this framework with 17 academics, 97 students and two technical staff from five faculties. The results revealed several incidents of poor records management and lack of compliance with regulations. Many academics and students were unaware of legislative requirements and penalties. They did not backup or archive records regularly and where this was done, there were no standard procedures followed, which resulted in the adoption of distinct approaches to record keeping. Furthermore, appropriate programmes for educating users on ERM did not exist and academics had not established collaborative initiatives with other nonacademics (e.g. internal auditors and legal experts) to ensure effective ERM. It was also surprising to find that non-computing academics and students managed system security risks better than their computing counterparts. Useful recommendations and the way forward are provided.


2013 ◽  
Vol 12 (01) ◽  
pp. 1350001 ◽  
Author(s):  
Khdega A. Y. Galala ◽  
Zawiyah M. Yusof

This study is executed in order to determine whether public institutions of higher learning in Libya have policy and guideline for managing electronic records and also to identify whether there are problems in managing electronic records. The study adopts survey as its method for employing the questionnaire as a technique to collect data. The study involves three institutions of higher learning in Al-Joufra, Libya namely College of Arts and Sciences, Teachers Preparatory College and College of Economics and Accounting. About 10% of their staff members (from the entire population of 1000) were chosen randomly as a study sample. The study revealed that institutions of higher learning in Al-Joufra do implement electronic record management but without clear policy and guidelines. Only 46% of the surveyed samples agree that they have a written policy and guidelines for managing records. In addition, the study also discovered institutions of higher learning (80%) in Al-Joufra face difficulties in handling and managing electronic records.


Author(s):  
Rajiv Kumar

The proposed framework is set up to guarantee that record keeping is considered when planning and actualizing ICT systems. The joining of record keeping usefulness in ICT frameworks is best practiced with regards to system planning, design, testing, implementation, and review. Integration of functionality of electronic records management functionality in ICT framework addresses to which extent existing ICT frameworks have been coordinated with records. The framework is pointed expressly at looking over 'master' application systems (for instance, HR, budgetary organization, or case the board structures). Regardless, it may similarly be used for assessing the arrangement and errand of employments, for instance, attempted substance organization structures that are proposed to supervise unstructured electronic records (messages, word-arranged reports, spreadsheets, etc.) consistent with the administrator's standards.


1998 ◽  
Author(s):  
Kristine L. Kelly ◽  
Alan Kowlowitz ◽  
Theresa A. Pardo ◽  
Darryl E. Green

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