Technologies of proving participation in a crime: history of development and prospects

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This work is devoted to the issues of proving participation in a crime. The subject of the study is objects as objects affecting the decision-making in the case. Their properties are highlighted, and changes in their meaning during the development of society and the state are viewed. Subjects of crime, participants in the process, documents, electronic communications become one when they have a procedural meaning. Everything depends on the rules of evidence adopted at a particular historical moment.The author reveals the meaning of such categories as “technology”, “production” in relation to modern criminal procedure. It is substantiated and allocated types of technologies of proving in criminal proceedings: personal proving in oral form; criminal proceedings on paper documents; electronic (digital) proving. It is argued that there may be transitional periods associated with the change of technology of proof. The author’s position on the use of algorithms and artificial intelligence in criminal proceedings is expressed. The results of digital technology should have a recommendatory character and not replace the human facts in making final decisions.

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Criminal procedure, evidence, crime, technology

Короткий адрес: https://sciup.org/14129378

IDR: 14129378   |   DOI: 10.47475/2311-696X-2023-39-4-78-82

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