Weaknesses of the information approach in the light digitalization of criminal proceedings

The purpose of this article is to reveal the weaknesses of the information approach used in the study of issues related to the digitization of criminal proceedings. The urgency of this is due to the general trend of a changing world, society and the state under the influence of the development of telecommunication technologies and communications. The subject of the study of the authors was directly the mechanism of legal regulation in the field of criminal process with the widespread introduction of digital forms and methods of information processing into its procedural matter. In the course of the study, the method of systematic and complex analysis was used, as well as comparative legal. These opportunities allowed revealing a large number of little studied and not fully worked out problems. It is argued that the use of only an information approach is unlikely to resolve all outstanding issues that exist in science and in the practice of law enforcement. It is suggested that only comprehensive studies can be properly called for and implemented in the course of the ongoing reform of the criminal process. The authors draw attention to the fact that currently there is a transition from a single use of electronic means of proof to the integrated construction of a digital criminal justice system. The handling of electronic (digital) information does not fit into the traditional system of investigative actions. The concept of “electronic evidence” is not legally defined. The criminal procedural rules do not spell out specific ways to certify their authenticity and immutability, as well as the criteria for the admissibility of such evidence. It is noted that when introducing information technologies into the criminal process, it is important to take into account not only technological, but also possible general psychological factors of a person's perception of significant changes in the criminal justice system.