Abstract

The testimony of witnesses represents the type of evidence, without which practically no criminal case can do. It is the significance of this type of evidence that determines the legislative requirements for the regulation of preparation and the procedure for the interrogation of a witness, as well as for the recording of evidence. This is of particular importance both from the standpoint of ensuring the admissibility and reliability of evidence, as well as from the point of view of ensuring the rights and legitimate interests of persons involved in criminal proceedings. The national legislation of modern states creates its own standards for the use of witness testimony in proving criminal cases. With all the variety of approaches, the importance of information technology in the collection, testing and evaluation of witness testimony can be viewed in the following main areas: as a means of fixing an investigative action, as a way of establishing the actual circumstances relevant to the case, as a means of ensuring the production of an investigative action, and as a means of transmitting information. Based on the analysis of the criminal procedure legislation of the Russian Federation and some foreign countries, the paper examines the problems of legislative regulation of the use of digital technologies during the interrogation of witnesses, including remote interrogation and deposition of witness testimony. Special attention is given to distant interrogation at the request of foreign countries.

Highlights

  • The testimony of witnesses represents the type of evidence, without which practically no criminal case can do

  • It is the significance of this type of evidence that determines the legislative requirements for the regulation of preparation and the procedure for the interrogation of a witness, as well as for the recording of evidence

  • This is of particular importance both from the standpoint of ensuring the admissibility and reliability of evidence, as well as from the point of view of ensuring the rights and legitimate interests of persons involved in criminal proceedings

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Summary

Introduction

В работе на основе анализа уголовно-процессуального законодательства Российской Федерации и некоторых иностранных государств исследуются проблемы законодательного регулирования использования цифровых технологий при допросе свидетелей, в том числе дистанционный допрос и депонирование показаний свидетеля. В ходе самого допроса свидетеля полученные ранее при помощи информационных технологий сведения могут быть использованы как лицом, производящим допрос, так и допрашиваемым лицом.

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