Digitalization of the Initial Stage of Criminal Proceedings as a Necessary Means of Ensuring the Rights of Victims

Abstract

The paper deals with the problems related to the protection and enforcement of the rights of the victim during acceptance, registration and examination of reports of crimes at the initial stage of criminal proceedings. The author substantiates the necessity of improving the practice of initiation of criminal proceedings, the judicial data for the purpose of precise implementation of Art. 52 of the Constitution of the Russian Federation, as well as proposals on digitalization at this stage of criminal proceedings. The author emphasizes that criminal proceedings should be considered as a uniform state power activity, beginning with a report on the committed crime and ending with the final resolution of all substantive and procedural issues arising in the case. In view of this, the process of digitalization of criminal proceedings should be based on a single platform linking not only all stages of the proceedings, but also officials of any of the departments carrying out certain phases of this activity. Such a platform should comply with the statutory framework, be accessible to all participants in the process whose rights and interests are affected by the activity under consideration. The platform should represent a flexible digital system that secures the secret of production with regard to some parameters, including investigatory privilege, protection of the honor and dignity of a person, his or her right to privacy, family and other secrets protected by law. But according to other parameters it should be accessible for the person involved in this proceeding, his advocate and representative. In addition, according to certain parameters complying with the law, this platform should also be accessible for other persons to conduct research and to summarize the practice of criminal proceedings in the past; for the media providing the public with access to information about the proceedings in certain cases or in the public debate on certain legal issues, and it should be available to enforce protection of human rights in the field of criminal proceedings, etc.