Computer data examination: the essence and procedural order

Abstract

The article is devoted to clarifying the essence and procedural order of computer data examination in criminal proceedings. This type of examination, as defined by the Law of Ukraine No. 2137-IX dated 15.03.2022, is a novelty of criminal procedure legislation and requires theoretical elaboration. It is noted that the legislative consolidation of the types of examination should be determined by the need to establish specific procedural requirements for their conduct. It is specified that the direct object of such an examination is the audio-visual representation of computer data, which is defined as information contained in the storage device of an electronic computer in a format suitable for processing, transmission and interpretation by computer computing devices. Within the framework of the article, the examination of computer data is distinguished from the examination of computer equipment (by the object criterion) and from the removal of information from electronic information systems (by the (non)secrecy criterion). The author emphasises that the procedural order of the analysed procedural action is regulated by Articles 104, 105, 223, 237 of the CPC of Ukraine, as well as the requirements for collection and verification of evidence (Chapter 4 of the CPC of Ukraine), the principles of criminal proceedings (Chapter 2 of the CPC of Ukraine) and other general provisions of criminal procedural legislation. The subjects of the computer data examination are the investigator, prosecutor, coroner, detective and operative officer (upon written order). It is recommended to conduct the investigated procedural action involving a specialist. The computer data examination is defined as a public investigative (detective) action carried out by the prosecution with the use of electronic computing equipment by means of direct perception of audio-visual expression of computer data in order to obtain information about facts relevant to criminal proceedings.