Defects of the Criminal Procedure Code of the Russian Federation caused by the digital transformation of criminal procedure
Abstract
The current state of the digitalization of criminal procedure is examined, and an attempt is made to assess the prospects for its further development in the context of the use of digital technologies and artificial intelligence. Specific proposals for reforming criminal procedure legislation are analyzed, and the risk of the emergence of defects caused by the digitalization of criminal procedure is forecast. The author comes to the conclusion that, already at the stage of preparing a draft law, it is necessary to use special training programs capable of predicting the accuracy of embedding new provisions into the body of criminal procedure legislation and the emergence of possible defects. Based on an analysis of existing opinions on the digitalization of criminal procedure, the author, within the framework of a systemic approach, supports the ideas of forming an electronic criminal case, determining the place of electronic evidence, the need to maintain only an audio recording of court hearings without duplicating the record on paper, and the introduction of augmented reality technology. Relevant amendments to the Criminal Procedure Code of the Russian Federation are proposed. The author draws attention to the need to transform preliminary investigation bodies and various public authorities in order to ensure electronic interaction via a unified digital platform. Issues of gaps in law have always been the subject of active discussion among both scholars and practitioners. The objectives of this study are to identify defects in criminal procedure legislation caused by the digitalization of criminal procedure and trends in the digitalization of criminal procedural relations, as well as to formulate ways and means of preventing the emergence of various types of defects in criminal procedure legislation, including at the stage of drafting relevant bills. In addition to general scientific research methods, such as the method of theoretical cognition and the method of analysis and synthesis, the study employed comparative legal and formal legal methods, as well as techniques of dialectical logic. Despite the fact that, at present, fundamental approaches and basic ideas and concepts in this field of knowledge have been formulated, modern realities associated with the active introduction of information technologies and elements of artificial intelligence into law receive a new interpretation, taking into account the specifics of the process of systemic integration of information and communication technologies into various areas of legislation, and therefore require timely reconsideration.