scholarly journals THE RATIO OF THE GROUNDS FOR INITIATING A CRIMINAL CASE AND THE GROUNDS FOR CHARGES IN CONDITIONS OF DIGITIZATION OF CRIMINAL PROCEEDINGS

2019 ◽  
pp. 147-155
Author(s):  
K. V. Obidin
Keyword(s):  
Video Recording ◽  
Cognitive Activity ◽  
Digital Technologies ◽  
Point Of View ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Theoretical Concepts ◽  
Video Recordings ◽  
Procedural Decisions ◽  
Similar Elements

The proliferation and active use of technical means of audio and video recording in the process of identifying and proving certain types of crimes leads to the need to rethink the correlation of certain theoretical concepts. The paper analyzes similar elements and differences in the grounds for initiating a criminal case and the grounds for accusation. Attention is drawn to the convergence of the content of these concepts in the conditions of the spread of digital technologies in criminal proceedings. It is suggested that the use of audio and video recordings in a cognitive procedure has a significant effect on the inner conviction of the investigator and the inquiry officer when making procedural decisions. The possibility of initiating a criminal case is analyzed solely on the basis of audio and video. The author states his point of view on the inadmissibility of simplifying the procedure for establishment of evidence in cases of audio and video recordings, along with confessions, since in this case there is a violation of the basic foundations of cognitive activity in criminal proceedings.

scholarly journals Using Digital Technologies in Criminal Cases in Court: Reality and Prospects

Lex Russica ◽  
2019 ◽  
pp. 117-131 ◽  
Author(s):  
I. I. Sheremetev
Keyword(s):  
Video Recording ◽  
Digital Technologies ◽  
Criminal Case ◽  
Judicial Reform ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Council Of Europe ◽  
Experimental Development ◽  
Automated Information System ◽  
E Mail

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.

scholarly journals Use of head camera-cued recall and debrief to externalise expertise: a systematic review of literature from multiple fields of practice

2018 ◽  
Vol 5 (3) ◽  
pp. 121-129
Author(s):  
Vivienne Isabella Blackhall ◽  
Kenneth Grant Walker ◽  
Iya Whiteley ◽  
Philip Wilson
Keyword(s):  
Decision Making ◽  
Visual Cues ◽  
Video Recording ◽  
Cognitive Activity ◽  
Cued Recall ◽  
Point Of View ◽  
Current Evidence ◽  
Training Tool ◽  
Registration Number ◽  
High Level

BackgroundThe study of decision making in complex naturalistic environments poses several challenges. In response to these, video-stimulated cued-recall-debrief was developed. It involves an individual wearing a head-mounted camera which records a task from their point of view. Afterwards, footage captured is reviewed along with a facilitated debrief to help externalise cognitive processes. In theory, motion, audio and visual cues generate a high level of experiential immersion which helps the expert to articulate previously hidden thoughts and actions.ObjectiveTo examine the current evidence for video-stimulated cued-recall-debrief as a means of explicating expert thoughts and feelings in complex tasks in a range of environments.Study selectionMEDLINE, EMBASE, Education Resources Information Center, SPORTDiscus, PsycINFO and Google Scholar were searched for articles containing the key terms ‘cued-recall (debrief)’, ‘decision making’, ‘skills’ and ‘video recording’. Studies were included if they examined the following outcomes: (1) feasibility, (2) extent of experiential immersion, (3) ability to generate unique insight into decision-making processes and (4) current applications. 1831 articles were identified initially, and 9 studies were included in the final review.FindingsVideo-stimulated cued-recall-debrief is associated with a high level of experiential immersion and generates between two and four times the number of recollections compared with free recall. It can be used to build models of cognitive activity and to characterise the way in which more and less skilled individuals tend to think and feel.ConclusionsThe technique could be used to explicate expertise within medicine: these insights into performance could be used as a training tool for other practitioners.Trial registration numberCRD42017057484.

scholarly journals Is Formal Legal and Objective (Material) Truth Reconcilable in the CCP RF?

2019 ◽  
pp. 61-66
Author(s):  
Gennady Pechnikov ◽  
Vladimir Shinkaruk ◽  
Natalia Solovyova
Keyword(s):  
Russian Federation ◽  
Cognitive Activity ◽  
Point Of View ◽  
Type Model ◽  
Criminal Proceedings ◽  
Philosophical Approach ◽  
Criminal Process ◽  
Objective Truth ◽  
The Russian Federation ◽  
History Of Culture

The article critically evaluates the point of view on the coexistence of formally legal truth and objective (material) truth in today's Criminal Code of the Russian Federation, it also criticizes the position that there are no criteria that clearly distinguishing these truths and that the philosophical approach should not be disseminated on the criminal process, which should be taken autonomously from philosophy. The article defends the point of view that in the present Criminal Procedure Code of the Russian Federation competition is selfsufficient and excludes objective truth. Adversarial criminal process is characterized by formal legal truth, and objective truth requires a fundamentally different type (model) of criminal proceedings - an objectively true criminal process. The authors consider this model of criminal proceedings to be a higher, more perfect and fair type of criminal proceedings, in contrast to the adversarial (winning-losing) type of criminal process, in which the "right and fairness of the strong" prevails.The authors of the article firmly stand on the philosophy of the materialist dialectic; they believe that a philosophical approach is also necessary in the criminal process. In this regard, there are dialectical and non-dialectical (not taking into account the objective laws and rules of dialectics) criminal processes. Relativism of the adversary criminal process, its susceptibility to sophistry are obvious. Therefore, in a competitive duel of the parties, it is important to be more convincing in your arguments than your procedural opponent. We see an objectively-true model of the criminal process as a higher, more perfect and more equitable type of criminal proceedings. The intention of truth and the belief in the ability to prove it give a moral meaning to cognitive activity, whereas indifference to it was perceived throughout the history of culture as a threat to the moral existence of society.

scholarly journals MATERIALS OF SOUND AND VIDEO RECORDING AS TYPE OF SOURCE OF EVIDENCE IN CRIMINAL PROCEEDINGS

2021 ◽  
pp. 551-566
Author(s):  
H. Kutskir
Keyword(s):  
Video Recording ◽  
Material Object ◽  
Sound Recording ◽  
Practical Application ◽  
Criminal Proceedings ◽  
Sound Recordings ◽  
Physical Evidence ◽  
Expert Opinions ◽  
Video Recordings ◽  
Factual Data

The article is devoted to clarifying the concept, place and role materials of sound and video recording as type of source of evidence in criminal proceedings. It is noted that evidence may be only those factual data that are obtained as a result of investigative (search) actions and their variety, such as covert investigative (search) actions, other procedural actions that are provided by the Criminal Procedure Code of Ukraine, and in the order provided by the relevant procedural action. Attention is drawn to the fact that the system of procedural sources of evidence used to establish factual data is defined in the CPC of Ukraine and consists of testimony, physical evidence, documents and expert opinions. Attention is paid to documents as a source of evidence. It is determined that the legislator refers the materials of audio and video recordings to such a source of evidence as a document. It is emphasized that in this case it is necessary to evaluate the information itself, and not the material object on which they are recorded. The peculiarities of establishing the features and properties of video and sound recording as a separate type of documents and determining their affiliation to physical evidence or documents due to the specific process of their formation are indicated. Given is a detailed description of the procedure for their delimitation. It is stated that the collection, receipt and request materials of photographs, sound recordings, video recordings and other media belongs to the prosecution, the defense, the victim in order to establish the circumstances relevant to the criminal proceedings. It is emphasized that any collection of evidence is possible only in accordance with the procedure provided for by the CPC of Ukraine, that is, in compliance with the criminal procedural form. The legal consolidation and practical application materials of sound and video recording in criminal proceedings is determined, in particular, that materials of video and sound recording can be obtained as a result of recording the course and content of investigative (search) actions and covert investigative (search) actions, as well as when recording a court session. Video and sound recordings obtained during of procedural actions are attached to the protocols of investigative (search) actions, covert investigative (search) actions and are stored in the materials of criminal proceedings.

VIDEOCONFERENCE USING IN DURING OF INVESTIGATIVE ACTIONS INVOLVING PERSONS DETAINED IN PENAL INSTITUTIONS

2020 ◽  
pp. 18-21
Author(s):  
Сергей Владиславович Владимиров
Keyword(s):  
Video Conferencing ◽  
Preliminary Investigation ◽  
Video Recording ◽  
Criminal Procedure ◽  
Point Of View ◽  
Correctional Institution ◽  
Criminal Proceedings ◽  
Detention Center ◽  
Detention Facility ◽  
Penal Institutions

Статья посвящена изучению норм уголовно-процессуального законодательства России, регламентирующих использование систем видеоконференц-связи. Рассмотрено развитие норм уголовно-процессуального кодекса Российской Федерации, регламентирующих использование систем видеоконференц-связи судами различных уровней. Проанализирован законопроект с предложениями по использованию систем видеоконференц-связи при производстве следственных и иных процессуальных действий. Предприняты попытки обоснования необходимости дальнейшего расширения сферы применения систем видеоконференц-связи в уголовном процессе, а именно их использования на досудебных стадиях. С криминалистической точки зрения обоснованы необходимость и удобство производства ряда следственных действий с применением систем видеоконференц-связи с участием осужденного, подозреваемого или обвиняемого, содержащегося в исправительном учреждении или следственном изоляторе, которые сводятся к облегчению работы как следователя, так и ряда сотрудников отделов и служб пенитенциарного учреждения: отдела охраны, безопасности, оперативного отдела и др.; снижению затрат на конвоирование подозреваемых, обвиняемых, осужденных к месту производства предварительного следствия и обратно; обеспечению безопасности лиц, участвующих в следственных действиях; отсутствию отвлечения работников исправительного учреждения или следственного изолятора от исполнения своих основных обязанностей; получению видеозаписи следственного действия как дополнительного средства фиксации. The article is devoted to the study of the norms of the criminal procedure legislation of Russia regulating the use of video conferencing systems. The development of the norms of the criminal procedure code of the Russian Federation regulating the use of video conferencing systems by courts of different levels is considered. The draft law with proposals on the use of videoconferencing systems in the production of investigative and other procedural actions was analyzed. Attempts are made to justify the need for further expansion of the scope of video conferencing systems in criminal proceedings, namely their use at the pre-trial stages. From forensic point of view, the necessity and convenience of production of some investigative actions using the system of video conferencing with the participation of the convicted person, the suspect or the accused in the correctional institution or detention facility reduced to facilitate the work of the investigator and a number of staff departments and services of the penitentiary institution: Department of safety, security, operational Department, etc.; lower costs for the escorting of suspects, accused persons, convicted to the place of manufacture of preliminary investigation and back; to ensure the safety of persons participating in investigative actions; absence of distraction of employees of a correctional institution or a pre-trial detention center from the performance of their main duties; obtaining a video recording of the investigative action as an additional means of fixation.

scholarly journals Court Discretion as Part of the Criminal Procedure Paradigm Structure

Legal Concept ◽  
2019 ◽  
pp. 166-173
Author(s):  
Ekaterina Azarova
Keyword(s):  
Criminal Procedure ◽  
Point Of View ◽  
Fundamental Rights ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Judicial Proceedings ◽  
The Russian Federation ◽  
The Law ◽  
Goals And Objectives

Introduction: the fundamental rights of citizens enshrined in the Constitution are accordingly reflected in the Code of Criminal Procedure of the Russian Federation. For more than fifteen years of the Code of Criminal Procedure application, the legislator has made about three hundred amendments that have increased its ambiguity and inconsistency. The very construct of its provisions is being built and in progress without a planned scientific and theoretical component of such building, without taking into account the empiricism of application. The Code of Criminal Procedure of the RSFSR was used as a constructive basis for the new law, where the stages of criminal process are the fundamental structure of the law. The presence and introduction of new types of judicial proceedings and related institutions as an additional “load” caused the “deflection” of the entire structure of the Criminal Procedure Code, the consequence of which was the increase of unceasing contradictions between the goals and objectives of criminal proceedings, its general conceptual provisions and the criminal process immediate stages. The author sets the purpose of the study, which consists in the justification of contradictions in the law. Methods: the methodological framework consists of the methods of historicism, systematicity, and comparative law. Results: grounded in the work the author’s point of view is based on the knowledge in criminal law. Conclusions: the study revealed that the court discretion is an integral part of the criminal procedure paradigm structure, as the perception by the court of the “truth” of the circumstances to be proved in a criminal case, interpreted by the opposite parties of the adversarial process, is only possible through the prism of assessing these circumstances by the court at its discretion, during the verification of evidence in a particular criminal case.

POSITIVE AND NEGATIVE ASPECTS OF ELECTRONIC CRIMINAL CASE INTRODUCTION

2021 ◽  
Vol 6 (10) ◽  
pp. 112-119
Author(s):  
Bakhtiyor Primov ◽  
Keyword(s):  
Information Technology ◽  
Document Management ◽  
Criminal Case ◽  
Legal Rights ◽  
Electronic Document ◽  
Criminal Proceedings ◽  
Electronic Document Management ◽  
Successful Solution ◽  
Procedural Decisions ◽  
Judicial Actions

The article discusses both positive and negative aspects of the development of such a phenomenon as an electronic criminal case. It is noted that, taking into account the general digitalization of society, criminal proceedings in the future will undergo significant changes. This will be facilitated by the widespread introduction of electronic document management, remote forms of investigative and judicial actions, the use of algorithms and mathematical calculations in making procedural decisions, the use of robotics. Much will depend on the successful solution of problems related to ensuring information security, protecting the legal rights and freedoms of citizens, as well as the interests of society and the state.Keywords:electronic criminal case, information technology, criminal procedure, algorithms, robotics

scholarly journals Problems of using formal means of proof in russian criminal proceedings

2021 ◽  
Vol 7 (1) ◽  
pp. 115-119
Author(s):  
S. V. Mokrushin
Keyword(s):  
Criminal Procedure ◽  
Regulatory Framework ◽  
Point Of View ◽  
Criminal Case ◽  
Criminal Proceedings ◽  
Criminal Process ◽  
Objective Truth ◽  
Characteristic Features

The article deals with the problem of the need to establish the objective truth in a criminal case in the context of consolidation in the criminal and criminal procedure legislation of the norms on the use of formal means of proof along with evidence. The article describes the characteristic features of various types of formal means of proof, reveals their significance in the Russian criminal process, and also highlights the most problematic issues of using formal means of proof to achieve the goals of criminal proceedings. The author suggests approaches to solving this problem from the point of view of achieving a reasonable balance of using the advantages that formal means of proof provide, if necessary, to minimize the negative aspects of their use, taking into account modern means and methods of obtaining evidence. The author substantiates the idea of the need to make changes to the relevant regulatory framework, which should eliminate the existing one at the present time.

scholarly journals International Legal Personality and Criminal Proceedings in the Context of Digitalisation

2020 ◽  
Vol 15 (6) ◽  
pp. 112-124
Author(s):  
E. K. Antonovich
Keyword(s):  
Digital Technologies ◽  
Criminal Case ◽  
Electronic Format ◽  
Criminal Proceedings ◽  
Legal Personality ◽  
Electronic Evidence ◽  
Foreign Countries ◽  
Legitimate Interests ◽  
Criminal Matters ◽  
International Legal Personality

Digitalization is becoming commonplace so rapidly that currently even criminal proceedings are being investigated in the context of possibility of their transition to electronic format. The paper investigates the issues not only about the use of IT-technologies and their role in individual investigative actions and about the place of electronic evidence in the list of evidence, but also about an electronic criminal case. It is known that almost any criminal case cannot proceed without evidence provided by witnesses. This necessitates the reform of the procedure applied to interrogate participants in criminal proceedings, as well as the recording of these interrogations. Such novelties are important both in terms of creating conditions for admissibility and, accordingly, reliability of evidence and in terms of guaranteeing respect for the rights and legitimate interests of persons involved in criminal proceedings. The same applies to other investigative activities that resort to IT-technologies. The national legislations of modern states create their own standards for investigative actions using digital technologies. However, all of this is of particular interest when it comes to international cooperation. The paper on the basis of the analysis of the Russian legislation explains the concept of legal personality and international legal personality. The laws of some foreign countries are also investigated. The paper also examines the issues of normative regulation of the use of digital technologies in some investigative actions including remote examination and deposit of a witness’s testimony in the framework of the provision of legal assistance in criminal matters.

scholarly journals GATHERING EVIDENCE AS A «FIRST» STAGE OF PROVING IN A CRIMINAL CASE

2020 ◽  
Vol 6 (3) ◽  
pp. 91-103
Author(s):  
S. B. Rossinskiy
Keyword(s):  
Point Of View ◽  
Criminal Case ◽  
Criminal Proceedings

In the article, the author continues to study the structure of evidence in a criminal case. The author makes a number of arguments that allow us to reconsider the previous point of view that the concept of collecting evidence and the concept of forming evidence are two autonomous methods of the fi rst stage of proof. Instead, the author proposes to consider the category of gathering evidence conditional. It should be understood as any forms of actions of subjects of criminal proceedings that are aimed at obtaining and further legalizing useful information.

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