Forensic Tools Of Obtaining And Use Of Digital Information In Criminal Procedure

Abstract

The article is devoted to the legal and forensic means of remotely obtaining digital information and methodological issues of its use in the investigation of crimes. The problem of obtaining evidence remotely is considered from a broad point of view: the focus is on technologies for remotely obtaining evidence, procedural possibilities and boundaries, comparative analysis of legislation. The research approach is based on a systematic analysis of domestic and foreign legislation, and the practice of investigating crimes in the context of digitalization. According to the results of the study, the authors come to the conclusion that the introduction of digital technologies in criminal proceedings can have a significant impact on the quality of activities of the subjects of investigation and judicial examination of criminal cases. Lack of regulation of the remote formation of evidence in criminal cases using digital technologies entails a lag in the development of new effective technical and forensic tools and methods for the needs of investigation practice by forensic science. The analysis of the assessment of digital evidence in the US criminal proceedings was carried out. It is proposed to use positive legislative developments of American lawyers in the study of digital evidence in Russian legal practice. In this regard, the authors propose to supplement the Criminal Procedure Code of the Russian Federation with Article 182.1 "Search using remote receipt of digital information".