On the Definition, Legal Essence and Classification of Electronic Information Used Within the Framework of International Cooperation in Criminal Matters

Abstract

The article is devoted to the analysis of such a complex and multifaceted legal phenomenon as „electronic information“. The aim of the research is to define the concept and legal nature of such information. The analysis is based on materialistic dialectics, legal hermeneutics, special and comparative legal methods, a sociological approach and a forecasting method. The study shows that the doctrine and practice lacks a unified approach to understanding electronic information in criminal cases, often the concept of „electronic information“ is confused with „electronic evidence“, while losing sight of its criminal procedural application. Author comes to the conclusion that there is no legislative definition of the concept of “electronic evidence” and it is still possible to operate with the term “electronic information” today, taking into account its cross-disciplinary purpose, respectively, the author’s definition of this concept is proposed. In addition, an attempt was made to determine the types of electronic information in criminal cases, including those requested in the framework of international cooperation, namely, the provision of mutual legal assistance. As an empirical basis for the study, we used the materials contained in the Practical Guide for Requesting Electronic Evidence from Other Countries, prepared jointly by the UN Office on Drugs and Crime, the Executive Directorate of the UN Security Council Counter-Terrorism Committee and the International Association of Prosecutors in collaboration with the EuroMed Justice programs and Euromed Police.