Digitalization of Criminal Procedure as a Development Factor of Its Competition and Competitiveness

Abstract

Digitalization has penetrated into all life spheres of our society and continues to gain momentum rapidly. The sphere of criminal justice is no exception, although retaining its “archaic” forms it cannot stand still and must use new opportunities including the detection of crimes committed in the information sphere and with the help of digital technologies. Huge prospects for the criminal procedure are represented by the development of electronic document management. There are new types of evidence and new concepts-electronic evidence, electronic documents, electronic media and even electronic criminal case. The Russian Federation Code of Criminal Procedure has already undergone a number of changes and additions related to the introduction of information and digital technologies in the criminal procedure including those ones relating to the seizure of electronic media, copying and use of information stored on them. The inevitability of digital technologies introduction in criminal proceedings, both accelerating the proceeding of the criminal case and providing it with the necessary evidentiary information, is obvious. Digital information and its electronic media, which occupy an increasingly significant place in the structure of criminal procedural evidence, electronic document management can change the perception of the criminal procedure as a whole, the nature and types of evidence, the procedures of collecting evidence, the concept of investigative procedure. The development of digital technologies in criminal proceedings dispels illusory ideas about evidence as a result of the cognitive activity of the preliminary investigation bodies, and eliminates their monopoly on the collection of evidence. The consequence of this is the fact that the concept of forming evidence has finally lost its scientific validity, the further development of the information concept of evidence, deformalization of the process of collecting evidence, changing ideas about the admissibility of evidence in criminal proceedings, etc.

The digitalization of criminal proceedings can lead to the development of competitiveness and, as a consequence, to the increase of the parties competitiveness in a judicial dispute. It contributes to the competitiveness of the parties and the development of electronic document management in criminal proceedings, facilitating its participants access to the case files, simplifying the procedure of filing complaints and applications.

The article is intended for scientists, practitioners and all those who are interested in the issues of electronic and digital support of criminal procedure.

Materials: The research rely upon practical results achieved in the sphere of digitalization of criminal procedure.

Methods: Methodological basis of the research presented in the paper is the philosophy of dialectical imperialism dictating the necessity of learning social processes including the sphere of criminal procedure in its interaction and interrelation.