scholarly journals Legal Assistance in Criminal Cases in Digital Society

2021 ◽  
Vol 16 (11) ◽  
pp. 167-173
Author(s):  
E. K. Antonovich
Keyword(s):  
Information Technology ◽  
Information Technologies ◽  
Legal Assistance ◽  
Digital Environment ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Legal Proceedings ◽  
Electronic Evidence ◽  
Foreign State ◽  
Identification Of Persons

The digital environment developing in our society is becoming a kind of platform that not only conditions  the emergence of new types of crime, but also provides new opportunities in the investigation of crimes. Therefore,  the use of information technology should not only help in the prevention, detection of crimes and the identification  of persons who committed them, but also become a reliable guarantor of ensuring the rights of persons involved  in the orbit of criminal proceedings. The author discusses not only the problems of application of information  technologies in the production of certain investigative actions and the place of electronic evidence in the list  of types of evidence, but also the transfer of criminal proceedings to electronic format, examines individual  advantages and benefits that can be obtained from digitalization of criminal proceedings. The author carries out  a comparative analysis of Russian and foreign criminal procedure legislation in the context of the development of  digital technologies. The question of the possibility of using artificial intelligence in legal proceedings, including in  criminal proceedings, is considered. These issues acquire particular relevance when the investigation is connected  with the need to interrogate persons who are at the time of the investigation of a criminal case on the territory of a  foreign state. The same applies to the production of other investigative actions. In this case, cooperation is carried  out within the framework of providing legal assistance in criminal cases. A separate problem is the differences in  the criminal procedural legislation of the states cooperating in the provision of legal assistance in criminal cases.  Indeed, some foreign laws allow for the possibility of remote interrogation and remote search. All this determines  the search for new vectors for the development of international cooperation with more detailed regulation of the  production of remote investigative actions and in terms of securing the rights and obligations of its participants  not only for simpler and faster ways of accessing electronic evidence, but also for granting and observing their  rights and establishing and observing requirements for information technology, storage and transmission of data,  as well as the use of the information received.

scholarly journals The Use of Wiretapping Results in Establishment of Evidence in Conditions of Developing Information Technologies (Comparative Legal Analysis of the Russian Federation Legislation and Some Foreign Countries Legislation)

Lex Russica ◽  
2019 ◽  
pp. 160-171
Author(s):  
E. K. Antonovich
Keyword(s):  
Information Technology ◽  
Information Technologies ◽  
Practical Significance ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Legal Literature ◽  
Foreign Countries ◽  
Legitimate Interests ◽  
The Individual

 The paper covers the current problems of applying the wiretapping results in the process of establishment of evidence in criminal cases, taking into account the modern requirements for information technology.In recent years, there have been some studies on the use of information technology in establishment of evidence. However, most of them deal with the problems of the use of electronic media and «electronic evidence» in criminal proceedings. The order of the analyzed event, as well as other operational investigative measures, is regulated not by the criminal procedural legislation, but by the legislation on investigative activities. In this connection, in the legal literature, discussions regarding the procedure of introduction of the wiretapping results in criminal proceedings are not dying out. The study of different opinions is not only of interest for the development of scientific thought, but also has practical significance, since it determines the admissibility of evidence and creates the necessary guarantees to ensure the rights and legitimate interests of the individual in criminal proceedings. All this does not lose the relevance in the era of digitalization.In order to search for resources to improve the efficiency of establishment of evidence, the paper provides an analysis of the positive experience of legislative regulation in some foreign countries both as ways to use information technology in the process of wiretapping, and the use of the wiretapping results in establishment of evidence. Special attention is given to the rights and legitimate interests of the person involved in the orbit of criminal proceedings.

Features of Proof in Criminal Cases Against Minors

2021 ◽  
pp. 104-111
Author(s):  
N. Yu. Borzunova ◽  
K. L. Maksimova ◽  
O. S. Matorina
Keyword(s):  
Life Experience ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Specific Nature ◽  
Legal Proceedings

The article deals with the specific features of the procedure of legal proceedings in cases involving minors. Thus, one of the grounds for differentiating criminal proceedings according to this criterion of cases is the underage age of persons who have committed a socially dangerous act. This is primarily due to the age characteristics of these individuals, who are characterized by great impressionability, lack of sufficient life experience and solid knowledge, immaturity of thinking, instability of the psyche and increased emotionality, increased suggestibility and auto-suggestion, a tendency to fantasy and imitation. Their will is not yet strong enough, and their character is not yet fully formed. In connection with the above, there is a specific nature of the circumstances to be proved in this category of criminal cases, which is analyzed in the article. The authors ‘opinions on the expanded subject of evidence in criminal cases against minors are presented. Proposals were made to improve the legislation.

scholarly journals Historical aspects of development of the institution of legal assistance between states in criminal matters in the Republic of Azerbaijan

2021 ◽  
pp. 48-60
Author(s):  
Matanat Pasha Askerova
Keyword(s):  
Intergovernmental Relations ◽  
Legal Assistance ◽  
Criminal Proceedings ◽  
Mutual Legal Assistance ◽  
Legal Proceedings ◽  
Bilateral Agreements ◽  
Administration Of Justice ◽  
Legislative Framework ◽  
The Republic ◽  
Criminal Matters

The subject of this research is the historical-legal grounds of rendering mutual legal assistance in the Republic of Azerbaijan. Research methodology is comprised of formal-legal, comparative-legal, and historical-legal methods. Normative framework is formed by the Constitution, provisions of the criminal procedure legislation and laws, international acts acceded by the Republic of Azerbaijan, which regulate mutual legal assistance issues. Objective: to develop proposals for improving the Institute of mutual legal Assistance. assistance in criminal matters based on the historical experience in this field. The research results are as follows: mutual legal assistance has evolved from elementary extradition of fugitive serfs, one-time provision of diplomatic assistance to institutionalized legal assistance based on multilateral and bilateral agreements; from the absence of  legislative framework to codification; from inclusion of separate norms on certain aspects of the agreement on friendly relations, peace, cooperation or even submission to conclusion of special bilateral agreements. The acquired results can be implemented in intergovernmental relations regulation of rendering mutual legal assistance in criminal matters. The novelty of this research consists in consideration of legal assistance based on the historical-normative acts of the Republic of Azerbaijan. The following conclusions were made: in some historical periods, legal assistance included such institutions as the presence of state representative of the accused in administration of justice against a foreigner, unconditional extradition of criminals who committed grave crime, stiff punishment of those reluctant to peace, elimination from jurisdiction of certain criminals, transfer of prosecution, etc. can still be currently used to regulate or improve the institution of legal assistance in criminal matters, including reasonable terms for submitting court requests. For example, a reasonable term for criminal proceedings is one of the guarantees of effective legal proceedings, the violation of which also entails an infringement of such a fundamental right to fairness of proceedings.

scholarly journals The use of digital communication technologies in the context of a pandemic as a way to improve the effectiveness of justice

2021 ◽  
Vol 7 (1) ◽  
pp. 95-101
Author(s):  
E. V. Smakhtin
Keyword(s):  
Supreme Court ◽  
Russian Federation ◽  
Information Technologies ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Judicial Practice ◽  
The Supreme Court ◽  
Federal Constitutional ◽  
The Russian Federation

The article deals with the peculiarities of the activity of courts in making judicial decisions in the context of a pandemic. First of all, we are talking about the wider use of digital and information technologies in criminal proceedings, which have previously been repeatedly recommended by forensic science for implementation in judicial practice. Some recommendations of criminalistics are currently accepted by the Presidium of the Supreme Court of the Russian Federation in its Decision dated April 08, 2020 № 821 and Review on certain issues of judicial practice related to the application of legislation and measures to counteract the spread of a new coronavirus infection (COVID-19) in the territory of the Russian Federation № 2, which provided appropriate explanations for their use in practice. In particular, we are talking about the possibility of using video conferencing systems for certain categories of criminal cases and materials that are considered urgent, although this is not provided for in criminal procedure legislation. It is concluded that it is necessary to change the current criminal procedure legislation, bring it into line with the Constitution of the Russian Federation, federal constitutional laws, federal laws and subordinate regulatory legal acts, including orders of the Judicial Department under the Supreme Court of the Russian Federation.

INTERNATIONAL AND CONSTITUTIONAL FRAMEWORK FOR CRIMINAL CASE PROCEEDINGS AGAINST MINORS

2019 ◽  
pp. 99-106
Author(s):  
Igor Igorevich Kartashov
Keyword(s):  
Juvenile Justice ◽  
International Law ◽  
General Procedure ◽  
The Self ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Legal Norms ◽  
Legal Proceedings ◽  
The Subject

The relevance of the study is due to the importance of finding effective and at the same time humane measures to combat crime of minors that meet the generally accepted principles and norms of international law. The purpose of the study is to consider the international legal norms that form the basis of standards in the field of implementation of the rights of minors involved in the orbit of criminal proceedings. In this study we consider some aspects of the implementation of fair minor’s justice standards in the Russian criminal procedure legislation. Also we analyze the provisions of key regulations in the field of juvenile justice, the practice of their application, as well as doctrinal approaches to the prospect of further improvement of the criminal procedural form of legal proceedings against minors. On the basis of the analysis we highlight the features of the proceedings in the category of criminal cases: criminal prosecution can be initiated only after reaching a certain age; expanded the subject of proof; the production involves additional participants; the establishment of additional grounds and conditions for the use of coercive measures related to the restriction of freedom; confidentiality, which determines the characteristics of the trial; expansion of the range of issues resolved by the court in sentencing. It has been concluded that the existing domestic criminal proceedings the order of proceedings in criminal cases among minor, despite the peculiarities that distinguish it from the general procedure, it is impossible to recognize the self-differentiated procedure.

Forced to sexual activities: legal positions of Supreme Court of the Russian Federation and Republic of Kazakhstan

2019 ◽  
pp. 175-189
Author(s):  
Ardak Alimkhanovna Biyebayeva ◽  
Aigul Mailybayevna Kalguzhinova ◽  
Vera Anatolievna Chunyaeva
Keyword(s):  
Juvenile Justice ◽  
General Procedure ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Legal Norms ◽  
Legal Proceedings ◽  
Sexual Activities ◽  
The Subject ◽  
The Russian Federation

The relevance of the study is due to the importance of finding effective and at the same time humane measures to combat crime against minors that meet the generally accepted principles and norms of international law. The purpose of the study is to consider the international legal norms that form the basis of standards in the field of implementation of the rights of minors involved in the criminal proceedings orbit. We consider some aspects of the fair juvenile justice standards implementation in the Russian criminal procedure legislation. We analyze the provisions of the key normative acts in the field of juvenile justice, their application practice, as well as doctrinal approaches to the prospect of further improvement of the criminal procedural form of legal proceedings against minors. On the basis of the analysis, we highlight the proceedings features in the criminal cases category: criminal prosecution can be initiated only after reaching a certain age; expanded the subject of proof; the production involves additional participants; the establishment of additional grounds and conditions for the use of coercive measures related to the restriction of freedom; confidentiality, which determines the characteristics of the trial; expansion of the range of issues resolved by the court in sentencing. It has been concluded that the existing domestic criminal proceedings the order of proceedings in criminal cases in juvenile, despite the peculiarities that distinguish it from the general procedure, it is impossible to recognize the self-differentiated procedure.

scholarly journals Electronic evidence and its authenticity in forensic evidence

2021 ◽  
Vol 11 (1) ◽  
Author(s):  
Ahmad Fekry Moussa
Keyword(s):  
Information Technology ◽  
Computer Science ◽  
Information Technologies ◽  
Electronic Materials ◽  
International Agreements ◽  
Legal Systems ◽  
Forensic Evidence ◽  
Criminal Trials ◽  
Electronic Evidence ◽  
Digital Or

Abstract Background The basis for criminal trials is the judge’s conviction of the evidence presented in a case. His belief is based on the context or evidence he is satisfactory with and understands. However, the law may establish certain evidence for the judge to adhere to. This study aims to identify the extent of the authenticity and strength of digital or electronic evidence in criminal trials, by identifying legislative trends in the various legal systems, and examining what legal jurists have done to determine the extent of the authenticity of the electronic evidence of cybercrimes. Results This study will research the legitimacy of electronic evidence and the conditions for its verification, the extent of the authenticity of electronic evidence found during an investigation, the difficulties of obtaining electronic evidence that can be presented before the courts, and the extent of a presiding judge’s freedom to determine if electronic materials presented in court should be used as evidence. Conclusions Two conditions must be met: first, the electronic evidence must be legally obtained based on written permission from the competent investigation authorities; second, it must be verified as valid by computer science and information technology experts. If those two conditions are not met, the evidence is invalid. The study gives reason to talk about the need for the adoption of international agreements on cooperation in the development and exchange of computer and information technologies, aimed at preserving electronic evidence from destruction and oblige countries to implement and comply with these agreements.

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.

Electronic Investigation Technologies and Modern Format of Technical and Criminalistic Support for Criminal Cases Investigation

2021 ◽  
Author(s):  
G.V. Romanova ◽  
◽  
V.I. Romanov ◽  
Keyword(s):  
Information Technologies ◽  
Rapid Development ◽  
Continuous Process ◽  
Modern Society ◽  
Legal Regulation ◽  
Point Of View ◽  
Criminal Investigation ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Processing And Storage

The article considers the main aspects of the electronic criminal investigation technologies application from the point of view of modern legislation of Russia and foreign countries. In modern society, there is a continuous process of improving the means of transmitting information, developing and implementing new technical devices for its processing and storage. The rapid development of science and technology inevitably leads to the desire to regulate the relations that arise in this area from a legal point of view. Meanwhile, in the Russian legal science, the information space is defined through the unity of its two components: the technical one, which includes the communication and communication infrastructure, and the social one – the community of Internet users. In this regard, the normative regulation of this area justifiably causes objective difficulties. The development of high technologies leads to the most frequent use of a relatively new form of technical and forensic support for the investigation of criminal cases in the process of criminal investigation. In the modern practice of investigation, the traces left by criminals on various media due to the expansion of digitalization processes are becoming more and more important every year. Timely, systematic development of legal regulation of the use of electronic information technologies is recognized as the most important condition for the successful digitalization of criminal proceedings. Understanding the need for the introduction of electronic technologies in the investigation of a criminal case from the point of view of the informational and technological nature is necessary, since the criminal process should not be an exception within the framework of a single international information policy, and its technological effectiveness should be dominant.

On the Concept of Electronic Evidence and the Criteria for Their Admissibility

2021 ◽  
pp. 44-49
Author(s):  
Olga V. Zheleva ◽  
Keyword(s):  
Information Technologies ◽  
Digital Evidence ◽  
Digital Information ◽  
Criminal Proceedings ◽  
Electronic Evidence ◽  
Advantages And Disadvantages ◽  
Systemic Analysis ◽  
Digital Format ◽  
Analysis And Synthesis ◽  
Mandatory Participation

The article discusses the development of digital technologies in criminal proceedings and the process of proving in criminal cases in the era of global digitalization. Among the aspects that make this theme relevant are the dynamic development of information technologies, the conservatism and tradition of the criminal process, and the lack of proper regulation on this issue. The author aims at defining the concept of “electronic evidence”, specifying the list criteria for electronic evidence admissibility in Russian and foreign practice, and establishing the specifics of collecting evidence. The research methodology includes general and private methods of cognition: dialectical, formal-logical, comparative-legal, systemic, analysis and synthesis. The article provides an analysis of various perspectives of electronic evidence: electronic evidence is physical evidence; electronic evidence as belonging to other documents; electronic evidence as information in an electronic digital format obtained from a person, object or process and recorded on any material medium. The author adheres to the fourth position, according to which electronic evidence is an independent type of evidence, with its special form, media, mechanism of formation, and method of transformation into evidence. Providing examples of the use of electronic evidence in the Russian and foreign law enforcement practice, the author indicates their advantages and disadvantages and emphasizes that the complex storing, processing and transmitting digital information in an unchanged form determines the criteria for electronic evidence admissibility. Like other types of evidence, electronic one must meet the criteria of reliability, admissibility, and relevance. In addition, digital evidence should be subject to identification, authentication, verifiability, be complete (immutable) and reproducible. In conclusion, the author dwells on the peculiarities of collecting evidence, which should be enshrined in criminal procedural legislation: a) compliance with the general principles of collecting evidence; b) mandatory participation of a specialist; c) no actions causing a change in digital evidence before and during its collection; d) documenting all actions related to the collection, storage, access or transfer of digital evidence; e) responsibility of an official working with electronic evidence for all activities with it; e) ensuring the proper transmission or transportation of digital evidence, as well as appropriate conditions for its storage, depending on the category of information it contains.

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