Electronic Evidence: A Necessary Stage in Criminal Justice Development
Digitalization of criminal procedural activity is a complex process that inevitably affects the establishment of evidence procedure. One of the most controversial topics in this direction is the possibility of introducing a new type (source) of evidence: electronic evidence. The paper discusses various scientific approaches that challenge the necessity of its existence. The author expresses his point of view on the possible reasons for this trend. The position of scientists advocating the further development and implementation of electronic evidence is supported. The features of the existence of information in electronic form are described. The influence of the derived nature of the virtual space on the information obtained as a result of cognitive activity is analyzed. The problems of differentiating the information carrier and its content are stated. The specificity of the use of information in electronic form in the context of initial and derivative evidence is investigated. Attention is drawn to the need to develop criteria for electronic evidence in the direction of data authentication, as well as the mandatory involvement at certain stages of persons with special knowledge. The foreign experience of using various electronic devices in the establishment of evidence process is presented. The widespread introduction of digital audio and video recording technologies is emphasized. The concept of "digital evidence" is analyzed.