«The human factor» in criminal proceedings in the context of developing digitalization

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The article examines the importance of the “human factor” in criminal proceedings in the context of the development of digitalization. Based on the studied scientific publications, provisions of the criminal procedure law, as well as an analysis of judicial and investigative practice, it was concluded that modern digital technologies, in addition to individual advantages, also pose some threats to traditions, values and principles of the criminal process. Based on the study, one can note the positive aspects of introducing modern technologies into criminal proceedings: expanding the powers of investigative bodies to collect evidence in electronic form; providing new opportunities for the defense to verify them; increasing sources of information; increasing the speed of information exchange between participants in criminal proceedings, saving material and time costs on the movement of participants in criminal proceedings. Important elements are also the development of electronic document management, conducting investigative actions in a remote format, notifying persons participating in criminal proceedings through electronic information means, and much more. The author comes to the conclusion that the transition to digital criminal proceedings is currently hardly possible, since direct human participation is still in greatest demand. A fundamental change in traditional procedural forms can significantly complicate citizens' access to justice. Digital technologies in the quality in which they can be required to protect their own, represented or defended rights in criminal proceedings are not yet available to a large number of the population.

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Digitalization, criminal process, development, human factor, criminal proceedings

Короткий адрес: https://sciup.org/147243233

IDR: 147243233   |   DOI: 10.14529/law240103

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