Seizing criminal proceeding evidence in the digital age

The authors of the work analyze the issues of seizure of criminal procedural evidence in the digital age. The main purpose of this study is to focus on the problematic issues of the stated topic, considering the established scientific doctrine and law enforcement activities. Within the framework of this goal, the following tasks were solved: the analysis and generalization of scientific material on issues related to the understanding of the seizure of evidence in criminal proceedings, including electronic media in criminal proceedings, was carried out; the provisions of the current criminal procedure legislation of the Russian Federation that are relevant to the research topic are critically studied; proposals were developed to solve the identified problems related to the seizure of electronic evidence.

The conducted research allowed the authors to state the need to solve the problem of scientifically based understanding and definition of the concept of "seizure of evidence" in the criminal process; problems of legislative definition of electronic media; the importance of proper regulation of the procedural procedure for the seizure of evidence is noted; the points of view existing in science regarding the procedural actions related to the seizure of electronic media and copying information from them are critically assessed. As a result of the study, the authors also developed their own understanding of a number of terms related to electronic evidence.

Methods: dialectical, formal-logical, legal-dogmatic, interpretation of legal norms, descriptive, deduction, generalization.

Results:

1) it is stated that under the seizure of evidence in criminal proceedings it is necessary to understand the action provided for by the Code of Criminal Procedure of the Russian Federation and secured by criminal procedural coercion, carried out by state-authoritative participants in evidentiary activities, by selecting (confiscation) significant for establishing the circumstances of the crime committed and their sources, against the will and desires of others;

2) it is noted that in criminal procedure science there is currently no comprehensive and unified approach to understanding the legal nature of electronic evidence carriers, issues related to seizure, copying and use;

3) it is argued that there is an urgent need for the prompt and high-quality formation of a unified doctrinal approach to electronic evidence in criminal procedural law, including the issues of their withdrawal;

4) it has been established that many norms of the criminal procedural legislation were adopted before the advent of new information technologies, therefore, a systematic improvement of the Code of Criminal Procedure of the Russian Federation is required, considering the introduced modern digital technologies, including in the field of the use of electronic media;

5) it is stated that the dynamics of the development of criminal procedural legislation should be demanded in a qualitative way in the course of law enforcement activities when seizing electronic media and copying information from them.

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