Digital Evidence Obtained via Video Conferencing Systems

Abstract

Modern realities require the development of normative regulation of the current criminal proceedings. It is necessary to ensure that Russian criminal procedure legislation complies with the requirements dictated by the rapid development of information technology and the digitalization of public relations. The author analyzes the provisions of Art. 189.1 of the Criminal Procedure Code of the Russian Federation as a new digital means of proof and identifies potential contentious issues related to the application of this article of the Code of Criminal Procedure of the Russian Federation in practice. Exploring the experience of using videoconferencing in the legal proceedings of foreign countries, such as the Swiss Confederation, the Republic of Kazakhstan and the Republic of Azerbaijan, the author suggests ways to solve problems associated with the use of videoconferencing in emergency situations, sending an international request for legal assistance, clarification of the procedural status of an official assisting in the performance of investigative actions. The paper presents various opinions of process scientists regarding the effectiveness of the use of videoconferencing systems in the production of investigative actions. The paper focuses on the need to enshrine the format for preserving the results of investigative actions carried out using videoconferencing in order to maintain the uniformity of criminal proceedings in the law or in an interdepartmental by-law.