Criminal Proceedings and Digital Technologies: Combine or Separate

Abstract

The purpose of the paper is to analyze the legal regulation and judicial practice of digitalization of criminal proceedings. In modern conditions, rapidly developing technologies are being introduced into all spheres of human life. On the one hand, technologies facilitate and simplify processes, on the other, entail the need to solve specific tasks that did not arise before their use. Criminal proceedings, being a multifaceted and complex activity that affects the most significant human rights, such as life, freedom, inviolability of the home, requires the most careful approach and caution when using digital technologies. However, the essence of the criminal process itself does not exclude the expediency of optimizing the investigation of a criminal case, its consideration and resolution by the court through digitalization. The criminal procedure legislation includes a few norms regulating the use of technologies in criminal proceedings. The draft law, which proposes to introduce norms regulating remote judicial proceedings, does not concern criminal proceedings, which indicates the gradual and cautious digitalization of this area of law enforcement. At the same time, judicial practice dictates the need for detailed regulation of the use of digital technologies in criminal proceedings. Amendments should be made to the Code of Criminal Procedure, providing for the grounds and procedure for remote participation in a court session by means of a web conference for a witness, specialist, and expert. The current level of development of digital technologies makes it possible to use them without negatively affecting the quality of the process, while reducing court costs, terms of consideration of cases and ensuring the protection of the rights of participants in criminal proceedings.