The current state of the defense function in criminal proceedings and its transformation in the era of digital technology

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The present article analyzes the current state of the defense function in criminal proceedings, examines changes due to the widespread introduction of digital technology. It is argued that significant changes in the current legislation are required for further improvement. The aim of the article is to consider the peculiarities of defense in criminal proceedings in relation to specific participants of the defense, as well as to identify trends in this direction under the influence of digitalization of all aspects of human life, society and the state. Transformation of defense, first of all, concerns the organization and procedural side of advocacy. Passive and active digital space of the lawyer is seen. Special attention should be paid to the use and verification of electronic evidence. In this case, it is necessary to apply identification and authentication, establishing the legitimacy of the source of information and the method of obtaining it. A lawyer should take into account that useful information can be stored in computer networks, information systems, various automatic control systems, video systems, etc. Such information can be obtained by making inquiries, as well as through personal examination and recording. The defense function is usually built from the prosecution, and it also involves the suspect, defendant, civil defendant, and his representative.

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Transformation, defense function, criminal procedure, digital space, electronic evidence

Короткий адрес: https://sciup.org/14121186

IDR: 14121186

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