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The Use of Information and Communication Technologies by the Investigator During Investigative Actions: Risks and Ways to Overcome
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The Use of Information and Communication Technologies by the Investigator During Investigative Actions: Risks and Ways to Overcome
Annotation
PII
S1605-65900000622-5-1
DOI
10.61205/jrp.2024.2.3
Publication type
Article
Status
Published
Authors
Olga Malysheva 
Occupation: Professor at the Department of Criminal Procedure Law
Affiliation: Kutafin Moscow State Law University (MSAL)
Address: Moscow, Russia
Pavel Samsonov
Occupation: Chief Expert, Department of Legislation on Defense, Security and Judicial Proceedings
Affiliation: Ministry of Justice of the Russian Federation
Address: Moscow, Russia
Edition
Volume 28 No. 2
Pages
66-78
Abstract

The use of information and communication technologies at the stage of preliminary investigation is a natural result of the digitalization of public relations, the prospects of which are indicated by presidential decrees and resolutions and orders of the Russian Government. The expediency of using these technologies in the formation of the investigator's evidence base in a criminal case is determined by the need to ensure a reasonable period of criminal proceedings, respect for the rights and legitimate interests of the person involved in pre-trial proceedings. However, official statistical data indicate that these goals have not been achieved, as a result of which it is necessary to study the theoretical and legal foundations and law enforcement aspects of the investigator's use of information and communication technologies in the conduct of investigative actions.

The authors carried out a systematic analysis of the criminal procedural norms regulating the preparation by the investigator of the investigative action, the procedure for conducting an investigative action and registration of its results using digital technologies. In 2022—2023, in a number of subjects of the Russian Federation, the opinions of investigators and inquirers on the optimality of the legal mechanism for the remote production of investigative actions were studied. The legal position of the Constitutional Court of the Russian Federation and the scientific opinions of representatives of the legal community on these issues are investigated.

According to the results of the study, possible risks of non-compliance with a reasonable period of pre-trial proceedings, violation of the rights and legitimate interests of a person remotely involved in the production of an investigative action have been identified. In order to mitigate the noted risks, the need is justified to improve the procedural procedure for notifying a person of an appearance to an investigator by means of communication, the legal status of an investigator executing an assignment to ensure the participation of an accused, victim, witness in an investigative action using a video conferencing system, strengthening the procedural guarantee of the right to defense, optimizing the procedural procedure for familiarizing a person with the protocol of an investigative an action performed with his participation in a remote format.

Keywords
investigator, investigative action, remote format, defender, access to justice, right to defense, reasonable time of criminal proceedings, preliminary investigation, video conferencing, digital technologies, protocol of investigative action
Date of publication
27.02.2024
Number of purchasers
6
Views
118
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0.0 (0 votes)
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References



Additional sources and materials

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