ABOUT THE CONCEPT OF "DIGITAL CRIMINAL PROCEDURE FORM"
Journal: BULLETIN OF THE KALININGRAD BRANCH OF THE SAINT-PETERSBURG UNIVERSITY OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
№ 1
, 2024
Rubrics: ARTICLES ABOUT CRIMINAL PROCEDURE
Authors:
1.
Akademiya upravleniya MVD Rossii
(kafedra upravleniya organami rassledovaniya prestupleniy, ad'yunkt)
from 01.01.2023 until now
Moscow, Moscow, Russian Federation
from 01.01.2023 until now
Moscow, Moscow, Russian Federation
Type:
Article
Pages:
from
to
Status:
Published
Received:
31.01.2024
Accepted:
24.02.2024
Published:
05.04.2024
Language:
Russian
Keywords:
Criminal procedural form, criminal procedural activity, criminal procedural legal relations, criminal proceedings, digitalization, digital technologies, "digital criminal procedural form", electronic legal proceedings, "artificial intelligence" technologies.
Abstract (English):
Introduction. Currently, there is an active process of digitalization in almost all spheres of human activity. Criminal proceedings, in which various digital technologies are gradually being introduced, have not been left without attention. In these circumstances, the criminal procedure form cannot remain the same and undergoes certain changes. In this regard, the development of the concept of a "digital criminal procedure form" is conditioned by the need to carry out such a criminal process that will meet the realities of modern digital society. As a result, the introduction of digital technologies into criminal proceedings is becoming one of the leading areas of modernization of the criminal procedure form, but taking into account the preservation of standard legal remedies. The rapid development of digital technologies, and their no less restrained introduction into the criminal process, carries, on the one hand, the convenience and speed of investigating a criminal case and conducting a trial on it, and on the other hand, certain risks entailing a negative result. In the absence of scientific elaboration of the "digital criminal procedure form", its features and meaning, it is impossible to fully justify the expediency of introducing digital technologies into criminal proceedings. Methods: the methodological basis of the research is based on the provisions of materialistic dialectics, the theory of cognition and the general theory of criminal procedure. In addition, the author uses general scientific and private scientific methods: analysis, synthesis, scientific forecast, deduction, induction, description, analogy, formal legal, comparative legal, historical legal and statistical methods). Results: the author proposed the author's definition of the "digital criminal procedure form", as well as highlighted its specific features and meaning. It is concluded that digital technologies serve as a means of developing criminal proceedings, thereby improving the efficiency of criminal investigation, ensuring overall transparency of justice and accessibility for participants in the process, increasing public confidence in the court and the authorities and their officials conducting the investigation of a criminal case.
Introduction. Currently, there is an active process of digitalization in almost all spheres of human activity. Criminal proceedings, in which various digital technologies are gradually being introduced, have not been left without attention. In these circumstances, the criminal procedure form cannot remain the same and undergoes certain changes. In this regard, the development of the concept of a "digital criminal procedure form" is conditioned by the need to carry out such a criminal process that will meet the realities of modern digital society. As a result, the introduction of digital technologies into criminal proceedings is becoming one of the leading areas of modernization of the criminal procedure form, but taking into account the preservation of standard legal remedies. The rapid development of digital technologies, and their no less restrained introduction into the criminal process, carries, on the one hand, the convenience and speed of investigating a criminal case and conducting a trial on it, and on the other hand, certain risks entailing a negative result. In the absence of scientific elaboration of the "digital criminal procedure form", its features and meaning, it is impossible to fully justify the expediency of introducing digital technologies into criminal proceedings. Methods: the methodological basis of the research is based on the provisions of materialistic dialectics, the theory of cognition and the general theory of criminal procedure. In addition, the author uses general scientific and private scientific methods: analysis, synthesis, scientific forecast, deduction, induction, description, analogy, formal legal, comparative legal, historical legal and statistical methods). Results: the author proposed the author's definition of the "digital criminal procedure form", as well as highlighted its specific features and meaning. It is concluded that digital technologies serve as a means of developing criminal proceedings, thereby improving the efficiency of criminal investigation, ensuring overall transparency of justice and accessibility for participants in the process, increasing public confidence in the court and the authorities and their officials conducting the investigation of a criminal case.
Keywords:
Criminal procedural form, criminal procedural activity, criminal procedural legal relations, criminal proceedings, digitalization, digital technologies, "digital criminal procedural form", electronic legal proceedings, "artificial intelligence" technologies.
Criminal procedural form, criminal procedural activity, criminal procedural legal relations, criminal proceedings, digitalization, digital technologies, "digital criminal procedural form", electronic legal proceedings, "artificial intelligence" technologies.
