ELECTRONIC INFORMATION AS EVIDENCE

Abstract

The widespread use of digital technology both in everyday life and in law enforcement raises the question of the use of digital information in evidence in criminal proceedings. However, there is still no single definition. Thus, quite often the term "digital information" is defined as information in the form of signals of any physical nature, recorded on computer media, the content and / or properties of which establish the presence or absence of circumstances to be proved in criminal proceedings. It is important to understand that such information can be created, transmitted, stored, etc. not only with the help of computer technology, but also with the use of other equipment (dictaphones, digital cameras, camcorders, smartphones, etc.).
 Analysis of the state of the issue. Digital information is objective. This is due to the fact that its fixation on digital media occurs without processing by human consciousness - in the form in which it objectively existed, regardless of the perception of the person who fixes it. Most often, this information is created outside the framework of criminal proceedings not to bring it to the attention of the pre-trial investigation or court, but for a completely different purpose. For example, CCTV cameras can be installed for security purposes or to prevent and combat crime. Making a video eliminates the participation of the human factor, because the recording of the event is automatic. As a result, the information obtained in this way is objective.
 The current CPC does not contain the concept of "electronic evidence", but the analysis of other procedural codes (including CAS, CPC and CPC) allows us to establish that this concept means information in electronic (digital) form that contains information about the circumstances relevant to the case , in particular, electronic documents (text documents, graphics, plans, photographs, video and audio recordings, etc.), websites (pages), text, multimedia and voice messages, metadata, databases and other data in electronic form.