Procedural actions of a lawyer (defender) in criminal cases: the problem of legal regulation of the procedure for obtaining electronic information

When receiving electronic information, criminal defense lawyers face a number of problems. The bodies of preliminary investigation are reluctant to attach such information to the materials of the criminal case, more often resort to the actual investigative actions carried out. The results of the collection of any data by a lawyer (defender) are not evidence in a criminal case until they are recognized as such by an investigator, inquirer or court. It seems that in order to solve these problems, it is necessary to prescribe in the Criminal Procedure Code the procedure for obtaining information by a lawyer that is important in proving. This will give them procedural significance. To solve the particular problem of regulating the procedure for obtaining electronic evidentiary information by a lawyer (defender) in criminal proceedings, it is necessary to address a more general issue concerning the differentiation of actions into procedural and non-procedural. The author suggests making additions to Art. 86 of the Code of Criminal Procedure of the Russian Federation, regulating in detail the methods of collecting evidence, including including electronic evidence.