The Organization of Criminal Proceedings During a Pandemic when the State of Emergency Has Not Been Declared (Using the Example of COVID-19 Pandemic)

Author:

Menzhega Michael1,Sawelewa Marina1,Smuskin Aleksandr1

Affiliation:

1. Saratov State Law Academy

Abstract

The authors analyze the work of law enforcement bodies in the conditions of the pandemic when the situation has not been recognized as an emergency by the government authorities and the state of emergency has not been announced (using the example of the situation in March — April of 2020 connected with the COVID-19 pandemic). They stress the importance of a comprehensive assessment of how critical the situation is and of carrying out certain actions even before it is recognized as an emergency. The authors also analyze various approaches to this situation used in difference regions of Russia and point out negative consequences of the implementation of some decisions. It is shown that law enforcement activities, in comparison with other functions of the state, provide fewer opportunities for avoiding personal contact with citizens. In this connection, different ways of carrying out criminalistic activities effectively that take into consideration the necessity of minimizing personal contact for the investigator are presented, such as: distance communication, investigative activities in virtual reality, use of unmanned aerial vehicles to examine the scene of crime without visiting the area during lockdown, use of criminalistic robotics and other robotic complexes. The authors note with regret that while the administration of law enforcement during an emergency situation or a state of emergency is supported by research-based recommendations, it is left in a virtual vacuum, research- and methodology-wise, in the situation of restrictive measures and self-isolation. The article describes both measures of general prevention (use of medical masks, disposable gloves, disposable clothes, hazmat suits), and special possibilities provided by information and communication technologies available in the conditions of the fourth information revolution. The latter, according to the authors, are a wider use of videoconferencing (including its use for such investigative actions as interrogation, confrontation, identification parade, examination), use of computer-augmented reality, implementation of the concept of electronic justice and the use of robotic complexes for criminalistic purposes.

Publisher

Baikal State University

Subject

Law,Sociology and Political Science

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