scholarly journals OPTIMIZATION OF PROSECUTORIAL SUPERVISION IN THE CONTEXT OF DIGITALIZATION OF CRIMINAL PROCEDURE

2021 ◽  
Vol 17 (2(64)) ◽  
pp. 113-122
Author(s):  
Елена Сергеевна ПАПЫШЕВА
Keyword(s):  
Artificial Intelligence ◽  
Effective Means ◽  
Digital Technologies ◽  
Criminal Procedure ◽  
High Tech ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Law Enforcement Agencies ◽  
Dialectical Logic ◽  
Public Prosecution

The paper discusses the possibilities of digitalization of criminal procedure and its importance for optimizing prosecutorial supervision, including high-tech supervision. The development of digital technologies urgently requires not only legal changes, but also the rational use of artificial intelligence in criminal proceedings. Purpose: to determine the limits of the use of artificial intelligence in criminal proceedings and, in particular, prosecutorial supervision. Methods: the author uses empirical methods of comparison and description; theoretical methods of formal and dialectical logic. A special scientific legal-technical method is also applied. Results: The prosecutor’s access to the materials of the criminal case will make it possible to ensure the continuity of prosecutorial supervision and will enhance its efficiency. The use of software will be a factor preventing the gathering of evidence in violation of the Code of Criminal Procedure of the Russian Federation. It is proposed to use special methods of supporting public prosecution in specific types of criminal cases in the development of an artificial intelligence program.  Digital technologies can be used to analyze crimes, its causes and conditions, and to develop effective means of preventing it when the prosecutor exercises the function of coordinating the activities of law enforcement agencies in combating crime.

scholarly journals Features of criminal procedure evidence carried out by the investigator, in the context of digitalization of criminal proceedings

2020 ◽  
pp. 82-88
Author(s):  
O. A. Malysheva
Keyword(s):  
Digital Technologies ◽  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Foreign Experience ◽  
Digital Format

The article focuses on the change in the rules of criminal procedure evidence, due to the increasingly active introduction of digital technologies in the criminal procedure sphere. Taking into account the foreign experience of initiating and investigating criminal cases in digital format, the article clarifies promising areas of digitalization of Russian criminal proceedings. Means that prevent the investigator from violating the procedural form of evidence when using digital technologies in criminal proceedings are determined.

scholarly journals Justification of the Necessity to Adjust Law Enforcement Agencies to Digital Transformation of Criminality

Lex Russica ◽  
2021 ◽  
pp. 63-70
Author(s):  
M. A. Zheludkov
Keyword(s):  
Artificial Intelligence ◽  
Law Enforcement ◽  
Public Relations ◽  
Criminal Behavior ◽  
Industrial Revolution ◽  
Digital Technologies ◽  
High Tech ◽  
Social Changes ◽  
Law Enforcement Agencies ◽  
Use Of Technology

Underestimation of the importance of solving problems in law enforcement agencies in the context of the use of new digital technologies by criminals may lead to the situation when high-tech crime does not replace traditional forms of theft, but may result in a sharp hypoxia of preventive activities, which will lack the planned law enforcement resources and means of responding to emerging threats. The relevance of the paper lies in the fact that when assessing the use of modern digital technologies in scientific literature and regulatory support, special emphasis is placed on specific data functions of technologies to automatically analyze a set of data and with the help of a set of algorithms to make decisions on optimization of processes and activities, that is, the ability to simplify human relationships. However, the experience of law enforcement has shown that the lack of law enforcement support for protecting the society from negative use of technology leads to the fact that the response now follows the criminal consequences of their use of technologies. The creation of artificial intelligence (AI) systems has led to serious social changes, there is a kind of transformation of public relations under the influence of the digital economy, which inevitably creates the prerequisites for the emergence of specific criminal behavior. The paper provides for a brief analysis of information from open sources about the possibilities of criminal use of artificial intelligence. The author aims to analyze the various possibilities of creating a new model of protection against cybercrime under the control of law enforcement agencies in the context of new threats caused by criminal use of AI technology and the new industrial revolution.

ON THE POSSIBILITIES OF INTEGRATING ARTIFICIAL INTELLIGENCE INTO CRIMINAL PROCEEDINGS

2021 ◽  
Vol 17 (5) ◽  
pp. 220-227
Author(s):  
ELENA PAPYSHEVA ◽  
Keyword(s):  
Artificial Intelligence ◽  
Formal Language ◽  
Preliminary Investigation ◽  
Digital Technologies ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
The State ◽  
Criminal Proceedings ◽  
Procedure Code ◽  
Machine Readable

This article examines the possibilities of using machine-readable law technologies in criminal procedural legislation and criminal proceedings; the analysis of the Concept of development of technologies of machine-readable law is carried out in order to determine the possibility of applying its provisions in the context of criminal procedural law. According to the author, the development of the technology of machine-readable law sets the legislator the task of starting the process of adapting the norms of the criminal procedure law to their subsequent presentation in formal language. Legislative acts should be structured as much as possible, within the acts, norms are more clearly divided into certain categories and groups with the building of logical connections between them. The norms of legislative acts need to be formalized, their content should not have legal and linguistic uncertainties, normative conflicts and broad discretionary powers. The conclusion is made about the need for legal transformations, formalization of the norms of the Criminal Procedure Code of the Russian Federation, based on the principle of legal certainty. If the adaptation of legislation to machine-readable norms is the future in the development of science and the system of legal regulation of the state, then the use of digital technologies in criminal proceedings is a matter of the present. It seems that modern digital technologies are sufficiently developed to start developing an automated information system at the state level that meets the formal requirements of the Criminal Procedure Code, within the framework of which a preliminary investigation will be carried out. Moreover, we are talking not only about the «electronic criminal case» in its generally accepted understanding. The author proposes the creation of a comprehensive universal program that provides for the automated application of the ontology of machine-readable law (descriptions in the formal language of many objects in the field of law and the connections between them) in the investigation of criminal cases using the method of teaching artificial intelligence based on a large array of data (including data, constituting the empirical base of research, which was studied in the development of private methods for investigating certain types of crimes).

scholarly journals Challenges of the forensic science facing new technologies.

2021 ◽  
Vol 1 (7) ◽  
pp. 48-61
Author(s):  
Delia Magherescu
Keyword(s):  
Artificial Intelligence ◽  
Forensic Science ◽  
New Technologies ◽  
Scientific Evidence ◽  
Digital Technologies ◽  
Current Paper ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Forensic Evidence ◽  
Criminal Matters

In the era of new technologies, used in the field of criminal justice, the forensic science has passed real challenges facing those means of gathering and administering scientific evidence in criminal proceedings. Artificial intelligence and how it meets the judiciary is a well-known question for the hightech in the field. The current paper aims at analyzing and discussing the features the judicial activity in criminal matters is characterized with during the criminal proceedings. The most important elements of new technologies come to state the consequences that they produce in criminal cases investigated by means of forensic evidence including new digital technologies. In order to achieve the proposed goal of the current paper, certain main purposes have been highlighted, which consist particularly in the procedure of using methods of forensic science for the investigation of crimes, as well as elements of new means of technologies including artificial intelligence. The proposed topic is carried out through qualitative research methods conducted on approaching challenges of the forensic science facing new technologies, combined with in-depth elements of 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 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.

scholarly journals Criminal procedure between the law and the politics

2006 ◽  
Vol 78 (9) ◽  
pp. 546-578
Author(s):  
Slobodan Beljanski
Keyword(s):  
Criminal Procedure ◽  
Critical Reception ◽  
Point Of View ◽  
Criminal Proceedings ◽  
Public Prosecution ◽  
Original Contribution ◽  
New Type ◽  
The Law ◽  
The Republic

The new Law on Criminal Procedure of the Republic of Serbia entered into force on June 10, 2006. It will apply starting from June 1, 2007 except for several provisions that have been effective ever since the Law entered into force. In this Article, the author has analyzed several new solutions from the first ten chapters of the Law from the logical, functional, historical and comparative point of view. The author concluded that the number of unacceptable and unnecessary solutions in this law seriously exceeded the number common for this kind of projects. It was hard to expect different result from the work which was done quickly and without critical reception with a noticeable intention of the authors to put their own original contribution to one, in fact, eclectic project. Since there is a lack of legal reasons, the author has outlined possible political intentions that might have been caused by the wish to show off with one more reformative project or from the intention to influence the criminal proceedings through the combination of the new type of investigation and current weakness of public prosecution. The line of new restrictive legal solutions, in which the goal is more dominant that the means to achieve the goal, and the measures to achieve the procedural discipline are more dominant than the care for rights brought the author to the conclusion that the reasons of palliative nature were the most crucial for some solutions and to the conclusion that since the justice was not able to get used to the application of good laws, the laws were simply adjusted to the bad justice.

scholarly journals FEATURES OF THE IMPLEMENTATION OF THE PRINCIPLE OF PRESUMPTION OF INNOCENCE IN CRIMINAL PROCEEDINGS OF PRIVATE PROSECUTION

2020 ◽  
Vol 30 (6) ◽  
pp. 875-880
Author(s):  
E.F. Tensina
Keyword(s):  
Russian Federation ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Presumption Of Innocence ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Procedure Code ◽  
Special Procedure ◽  
The Russian Federation ◽  
Procedural Rights

The article reveals the nature of the claim of a private prosecution, which establishes the freedom to dispose of material and procedural rights. The forms of manifestation of dispositive principles in the material and procedural aspects in the course of criminal proceedings are determined. Taking into account the nature of the claim of a private prosecution, various models of proceedings in criminal cases of a private prosecution and the peculiarities of the implementation of the provisions of the criminal procedure principle of the presumption of innocence are considered. The author critically assesses the legal constructions that allow the application of a special procedure for making a court decision in criminal proceedings of a private prosecution if the accused agrees with the charge brought. In particular, taking into account the provisions of the principle of the presumption of innocence, it is concluded that it is inadmissible to apply Chapter 40 of the Criminal Procedure Code of the Russian Federation when considering a criminal case of a private prosecution if it is initiated by filing an application directly with a magistrate in the manner prescribed by Art. 318 of the Code of Criminal Procedure of the Russian Federation or when investigating a criminal case of this category in the form of an abbreviated inquiry, regulated by Ch. 32.1 of the Criminal Procedure Code of the Russian Federation.

Termination of Criminal Proceedings in Public Criminal Cases by Courts of First Instance Under Art. 24, Para. 1, Item 5 of the Bulgarian Code of Criminal Procedure and Its Compliance with European Union Law

De Jure ◽  
2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Debora Valkova-Terzieva ◽  
Keyword(s):  
European Union ◽  
Criminal Procedure ◽  
The European Union ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
European Union Law ◽  
Member States ◽  
The Subject

The subject of this research is a specific prerequisite for the termination of criminal proceedings in public criminal cases, regulated in Article 24, Paragraph 1, Item 5 of the Bulgarian Code of Criminal Procedure. This analysis was necessitated by the fact that the European Union had introduced certain obligations for the Member States.

Specifics of some anti-corruption measures in Russia within the framework of public and state security

2020 ◽  
pp. 541-547
Author(s):  
Tatyana Plotnikova ◽  
Andrey Paramonov
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Criminal Procedure ◽  
Presumption Of Innocence ◽  
Criminal Proceedings ◽  
Law Enforcement Agencies ◽  
State Security ◽  
Procedure Code ◽  
Illegal Acts ◽  
The Russian Federation

In the current difficult conditions for the economy of our state, corruption crimes represent a higher level of danger. It is necessary to reform anti-corruption activities in order to increase its effectiveness. One of the radical measures in the field of anti-corruption will be the abolition of the presumption of innocence for corrupt illegal acts. The presumption of inno-cence is a fundamental and irremovable principle of criminal law, which is enshrined in article 14 of the Code of Criminal Procedure of the Russian Federation. Violation of this principle is impossible for criminal proceedings, but modern circumstances require timely, prompt, and sometimes radical so-lutions. It is worth not to neglect the measures of “insuring” on the part of law enforcement agencies, since otherwise it will increase the share of cor-ruption crimes in law enforcement agencies. The content of paragraph 4 of article 14 of the Criminal Procedure Code of the Russian Federation is man-datory even if the presumption of innocence for corruption crimes is can-celed: “A conviction cannot be based on assumptions”. At the same time, the principle of differentiation of punishment will be implemented by assigning the term of imprisonment from the minimum to the maximum, depending on the severity of the illegal act.

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