Initiation of a Criminal Case for an Offence in the Field of Computer Information: Russian and Foreign Experience

Abstract

The paper examines the theoretical and practical foundations of the initiation of criminal cases for crimes in the field of computer information. The stage of pre-investigation verification of a crime report is quite difficult due to the need to identify and consolidate the trace picture, requires the involvement of special knowledge in the field of information technology, the performance of certain actions, including of a technical nature, etc. Based on the analysis of domestic and foreign sources carried out by the authors, generalization of forensic practice and procedural regulation, an algorithm has been developed for conducting a pre-investigation check of reports of a crime of this type. Particular attention is given to tactical recommendations for interviewing a victim, namely an individual and a legal entity. Other verification and investigative actions are presented, depending on typical versions and situations. The operational search measures used to establish the fact of a crime are considered separately. At the same time, the generalization of the forensic practice of investigating crimes in the field of computer information and the questioning of representatives of law enforcement agencies made it possible to identify certain problematic points related to the pre-investigation verification of reports on these crimes, including the procedure for the treatment of victims with reports of incidents, with information from open sources of cyberspace within the framework of operational-search activities, etc. Based on the results of the research conducted by the authors, effective foreign practices are proposed, the transfer of which to domestic soil will help reduce the latency of these crimes, increase the efficiency of investigation and disclosure of this category of criminal cases.