Conceptual and theoretical problems of the category of "digital (electronic) evidence" in the criminal process

Abstract

Introduction. The rapid development of the process of bringing information into digital form is directly related to the active use of material and technical facilities and the Internet. Such technological progress contributes to the emergence of a new type of evidence - digital, which requires complex scientific and practical understanding. The purpose of the paper is revealing the essence and legal nature of the concept of "digital evidence" in criminal procedural legislation, as well as analyze their place in the system of procedural sources of evidence, their relationship with other types of evidence, as well as investigate the issue of distinguishing the institution of digital evidence in the Criminal Procedure Code. Results. Digital evidence in the criminal process is a rather controversial and complex category. Firstly, due to the fact that there is no comprehensive and comprehensive position of the legislator on the normative dimension regarding this issue. Secondly, due to the active and heterogeneous discussion at the doctrinal level regarding the perspective of institutionalization of digital evidence in the criminal process. In order to comprehensively consider and analyze the category of "digital evidence", peculiar features and specific features inherent in this type of evidence were analyzed. Synthesizing the signs and features of the nature of the category of digital information (evidence), the author proposed a definition of the concept of "digital evidence". It is indicated on the available place of digital evidence in the system of procedural sources of the criminal process. The issue of the debated choice of the legislator regarding the special classification of procedural sources of evidence, in the context of securing "digital (electronic) evidence" in the criminal process, in a systematic analysis with the approaches of other procedural branches of law, is analyzed. Considered the relationship of digital evidence with other types of evidence, in particular physical evidence and documents. Conclusion. The author concluded about the need to highlight the concept of "digital evidence" at the level of criminal procedural legislation.