Criminal Investigation Research Articles

Dear reader,

This year’s Juridica International compendium offers articles on a wide variety of topics. From an initial glance, the problems tackled in those articles might not seem to have so much in common. Yet, even though offering windows to several quite distinct cross-sections of legal scholarship, many of the pieces, upon a closer look, reveal themselves to be very much interrelated. One notices that most of them share a theme of concern arising from crises in society that have recently come to a head, with a leitmotif of concern for the future and of venturing into unknowns – a backdrop so familiar to us these days’ that we might not even recognise its peculiarity. Contemporary times are marked by complex global developments such as the pandemic, the ongoing wars in Ukraine and of Israel/Hamas, a still very much unwritten future of AI influencing all aspects of life, etc. In times such as these, the law assumes a critical role in shaping not only our current doings but the course of human affairs far further down the line as well. The corresponding concern for our global future can be characterised as underpinning this edition from its very first article, a paper whereby Astrid Stadler calls on the courts to save the climate. The same focus could be ascribed to the examination of sensitive health data’s application as presented from research by Maret Kruus and the analysis penned by Kai Härmand examining AI’s impact on judicial action. Their scholarship silently invites us to ponder the profound influence that the judiciary and the legislature can have on the future. Furthermore, the need to accommodate in the manner most beneficial for society and for every individual alike seems to give significant impetus for such research. The article by Jānis Neimanis on recent Latvian Constitutional Court case-law reflects concerns of a similar nature, via illustrations from the response to SARS-CoV-2, empowerment of marginalised groups, and protection of democracy. While the work of Neimanis demonstrates how legal response may manifest a balancing act between individuals’ rights and the broader public good, other pandemic-related articles analyse the angle of palliative efforts by national legislators or simply struggles for efficiency within the complicated field of public procurement in crisis-ridden times. The piece by Şimal Efsane Erdoğan and Oana Ştefan and that by Raquel Carvalho, in turn, allow us to compare national reactions in this regard. I am immensely pleased to note that these articles reflect fruitful discussion of public procurement in times of crisis from a highly successful conference held on this topic at the University of Tartu’s School of law last January. Finally but surely not least, I stress that I in no way wish to underestimate articles that, by dealing with somewhat more stability-rooted aspects of jurisprudence, are centred less on crises or struggles. Age Värv writing about the role of foreign sources in Estonian case-law; Aleksei Kelli, Margus Pedaste, and Äli Leijen providing a most interesting empirical view of the so-called education exception to copyright (a subject every academic certainly has come in contact with); the analysis Eneli Laurits provides of protecting privacy in certain criminal investigations; eye­witness identification as revisited comprehensively by Annegrete Palu and Anneli Soo; and, finally, the description of a ‘super‑judge’ safeguarding such realms, by Julia ­Laffranque, offer plenty of hearty food for legal thought. I extend my warmest thanks to all of the authors for addressing these difficult topics, thus advancing legal scholarship and, through their contribution, serving the common good.

Possibilities of using artificial intelligence in criminal proceedings in Ukraine

In this article, the author considers the expediency of using of Artificial Intelligence in criminal justice, evaluates the impact of using this technology and describes possible problems that may arise with such application and suggests ways to solve them. The article examines the topic of possibility of using artificial intelligence in criminal proceedings and its potential impact on increasing the effectiveness of law enforcement and fighting crime. Starting with an overview of current advances in the field of artificial intelligence, the article analyzes the possibilities of applying artificial inteligence to automate some stages of criminal investigation. Also, the possibility of using artificial intelligence to detect crimes, predict crimes and analyze the behavior of criminals is being considered. The article examines the ethical and legal aspects of the use of artificial intelligence in criminal proceedings, such as data privacy, protection against injustice and the impact on human rights. Attention is also drawn to the importance of developing algorithms that will be fair and neutral in order to avoid distorting the results of the analysis. The article highlights the potential benefits and challenges of using artificial intelligence in criminal proceedings and provides recommendations regarding the optimal implementation of such technologies in law enforcement agencies and courts to ensure efficiency, fairness and respect for human rights.

Narco Analysis: A Comparative Study with Respect to India and Western Countries

Microanalysis, a research method that uses pharmacological agents to induce a relaxed state in subjects to gather information, has become a controversial practice in criminal investigations worldwide. This research paper undertakes an in-depth comparative analysis of drug testing methods in the Indian context and Western countries and unravels the complex legal, ethical and procedural web surrounding its application. The historical development of microanalysis unfolds against the backdrop of differently developed legal frameworks in Indian and Western jurisdictions. This study moves through the maze of legal complexities, examining the legal provisions, court decisions and precedents that shape the permission and limitations of drug testing in both regions. A careful examination of procedural changes forms the backbone of this study, where we explore the step-by-step processes involved in drug testing. A comparative analysis reveals the different protocols followed in India and selected Western countries, revealing the roles of medical professionals and legal authorities in facilitating or controlling the procedure. Ethical considerations that explore the moral implications of using drug testing as an interrogation are central to this debate. Public and professional opinion in India and the West is considered, illuminating different perspectives that contribute to the ongoing debate on the ethics of drug testing. The study brings together clear case studies where pharmacoanalysis has been used and highlights the similarities and differences between Indian and Western applications. As noted in the paper, it synthesizes key findings and considers the broader implications of comparative research. The study discusses the future trajectory of drug analysis, considering possible trends, emerging technologies and alternative methods that may shape the landscape of research practices in both India and the West.

The judgment of the CJEU in Inspektor (Purposes of the processing of personal data – criminal investigations) of 8 December 2022 and the concept of further processing under the Law Enforcement Directive

In the context of criminal law enforcement and cooperation, the fundamental right to the protection of personal data is not complemented by the General Data Protection Regulation (Regulation (EU) 2016/679 – ‘GDPR’), but by the national law implementing Directive (EU) 2016/680 (‘LED’) together with other pieces of EU legislation. The preliminary ruling of the Court of Justice of the European Union in Case C-180/21 Inspektor (Purposes of the Processing of Personal Data – Criminal Investigations) delivered by the Fifth Chamber on 8 December 2022 is the first judgment in which the Court considered the LED beyond its scope of application. It represents an important milestone for data protection law in the area of criminal law enforcement. This paper will provide an analysis of the main findings of the judgment, with particular focus on the concept of “further processing” and a first reflection on the consequences it may have on the work of competent authorities such as public prosecutors.

Enhancing forensic investigations: Identifying bloodstains on various substrates through ATR-FTIR spectroscopy combined with machine learning algorithms

The forensic analysis of bloodstains on various substrates plays a crucial role in criminal investigations. This study presents a novel approach for analyzing bloodstains using Attenuated Total Reflectance Fourier Transform Infrared spectroscopy (ATR-FTIR) in combination with machine learning. ATR-FTIR offers non-destructive and non-invasive advantages, requiring minimal sample preparation. By detecting specific chemical bonds in blood components, it enables the differentiation of various body fluids. However, the subjective interpretation of the spectra poses challenges in distinguishing different fluids. To address this, we employ machine learning techniques. Machine learning is extensively used in chemometrics to analyze chemical data, build models, and extract useful information. This includes both unsupervised learning and supervised learning methods, which provide objective characterization and differentiation. The focus of this study was to identify human and porcine blood on substrates using ATR-FTIR spectroscopy. The substrates included paper, plastic, cloth, and wood. Data preprocessing was performed using Principal Component Analysis (PCA) to reduce dimensionality and analyze latent variables. Subsequently, six machine learning algorithms were used to build classification models and compare their performance. These algorithms comprise Partial Least Squares Discriminant Analysis (PLS-DA), Decision Trees (DT), Logistic Regression (LR), Naive Bayes Classifier (NBC), Support Vector Machine (SVM), and Neural Network (NN). The results indicate that the PCA-NN model provides the optimal solution on most substrates. Although ATR-FTIR spectroscopy combined with machine learning effectively identifies bloodstains on substrates, the performance of different identification models still varies based on the type of substrate. The integration of these disciplines enables researchers to harness the power of data-driven approaches for solving complex forensic problems. The objective differentiation of bloodstains using machine learning holds significant implications for criminal investigations. This technique offers a non-destructive, simple, selective, and rapid approach for forensic analysis, thereby assisting forensic scientists and investigators in determining crucial evidence related to bloodstains.

Business criminal investigation: Foreign experience and legal regulation in Ukraine

The research relevance is determined by the need to reveal effective methods and strategies for investigating business-related criminal offences to ensure an effective fight against corruption and legal security in the economy. The study’s objectives are to identify optimal strategies and tools, as well as to develop recommendations for improving legal regulation in Ukraine. The hermeneutic method, comparative legal method, and case study method were used in the study. The analysis of the Criminal Code of Ukraine, in terms of crimes in economic activity, revealed the main difficulties that exist in the investigation of economic crimes in Ukraine, such as gaps in criminal legislation and insufficient level of efficiency of investigations due to corruption of law enforcement agencies and business representatives. An analysis of the experience of investigating criminal offences in business activities in Germany, the USA, the UK, and the Republic of Lithuania has made it possible to conclude that there are similarities and differences in the legal acts on the investigation of criminal offences in the business sphere, the structure of specialised bodies and the powers of persons involved in the investigation of such offences. This analysis helped to identify the specifics of foreign approaches to certain aspects of investigations, such as anti-corruption bodies and financial monitoring. The effectiveness of investigation systems in other countries is significantly different, as they have more systematic legislation, and a clear structure of law enforcement agencies and special agencies dealing exclusively with economic crimes, which in turn increases the percentage of solving the relevant crimes. The author suggests possible ways to improve the legislation and practice of investigating relevant crimes. The research on this topic brings new approaches and practical conclusions to science, contributing to the improvement of investigation strategies strengthening the legal framework for combating economic crime and increasing the effectiveness of law enforcement measures in the context of the business sector

Blood Grouping by Seed Extract: An Innovative Approach in Forensic Science

Background: Blood grouping is a fundamental technique in forensic science, aiding in the identification of individuals involved in criminal investigations and accidents. This research paper introduces a pioneering method that employs plant seed extracts for blood grouping, aiming to revolutionize the field by providing a novel and cost-effective approach. The context and purpose of the study revolve around addressing the limitations of traditional blood grouping methods and exploring the feasibility of utilizing natural compounds present in seeds to determine blood types accurately. The study's primary focus was to investigate the potential of various seed extracts to agglutinate or inhibit the agglutination of blood samples. By conducting extensive experiments and analyses, the research uncovered significant findings. Certain seed extracts exhibited remarkable specificity in agglutinating with distinct blood types, mimicking the reaction patterns seen in conventional blood grouping systems. Conversely, other seed extracts demonstrated inhibitory effects on agglutination, further enhancing the discriminatory power of the approach. This research thus establishes a clear correlation between seed extracts and blood types, demonstrating their potential for accurate blood grouping. Results: In summary, this paper presents a groundbreaking advancement in forensic science by proposing a new perspective on blood grouping using natural seed extracts. The technique's simplicity and cost-effectiveness make it particularly appealing for implementation in resource-constrained settings. Additionally, the ability to utilize common plant seeds found in various geographical regions enhances its practicality and accessibility. Furthermore, the results suggest that this innovative approach has the potential to complement existing blood grouping methods, providing an additional tool for forensic experts to employ. Conclusions: The implications of this research are substantial for both forensic science and criminal investigations. The proposed seed extract-based blood grouping method could substantially expedite the identification process, aiding law enforcement agencies and forensic practitioners. Moreover, its applicability in situations where traditional methods are unavailable or impractical, such as in remote locations or developing countries, underscores its significance. Overall, this study not only introduces a cutting-edge technique for blood grouping but also paves the way for future research avenues in exploring the potential of natural compounds in forensic science applications. In conclusion, this research marks a significant step forward in the realm of blood grouping techniques. The study's findings open up new possibilities for innovative approaches in forensic science and offer promising avenues for enhancing accuracy, efficiency, and accessibility in the field of blood type determination.

Exploring the Role of DNA Technology in Administration of Justice in India: A Comparative Analysis with USA

Introduction: There is an increasing prevalence of novel crimes employing advanced methods and technology which necessitates investigative agencies to employ meticulous and systematic approaches grounded in scientific nature to effectively address the situation. DNA fingerprinting is one such contemporary investigative technique which assumes a significant function within the field of forensic science. DNA Technology can be utilized to identify offenders with exceptional accuracy while absolving innocents. Objective: Despite the extensive use of DNA technology in administration of justice, there is no specific legislation for its use and regulation in India. This article aims to find out the significance of DNA technology in administration of justice in India and the challenges associated with it. It also tries to find gaps in the existing literature related to the use of DNA technology. Method: The research methodology adopted here is normative juridical which includes comprehensive analysis of legislative framework along with the Constitutional provisions. It has also referred to a variety of scholarly literature and landmark judicial decisions. Results: This article suggests that although DNA technology plays a significant role in the administration of justice, there are numerous challenges in relation to the use of DNA technology such as absence of a comprehensive law on the subject, privacy concerns of individuals, lack of well-equipped labs and shortage of staff, absence of database, misuse of sensitive data, mishandling of samples, etc. This all can be addressed by bringing a law and maintaining a database for which inspiration may be sought from countries like the USA. Conclusion: In the light of changing dynamics of criminal investigation and the sophistication adopted by criminals, it is necessary that agencies effectively utilize DNA technology for speedy justice. For regulating the use of such technology along with balancing the rights of individuals, India must enact a legislation at the earliest. It is necessary because the judicious use of DNA technology may change the face of the criminal justice system as it is capable of providing accurate evidence.

Kingpins at Court

In the mid-seventeenth century, the Chosŏn Korean (1392–1910) court ran a smuggling enterprise in Japan, using both formal diplomatic agents and private merchants to import military contraband. This royal enterprise caused the largest documented criminal investigation in early modern Japan, complicating diplomatic relations with both the Tokugawa shogunate (1603–1868) and the daimyos of its Tsushima domain. By examining this history of “contraband diplomacy,” this article intervenes in the study of early modern diplomacy and imperialism. Contrary to scholarly portrayals of East Asian polities as isolationist and uninterested in trade, it shows Korean kings and officials aggressively pursuing commerce. If previously misunderstood as “self-organized,” their efforts reveal a different aspect of state formation in the global early modern period. Without becoming imperial or mercantilist, some institutions, such as those of Chosŏn and Tsushima, spearheaded international criminal activities, and others—like the shogunate—exercised growing administrative intent and capacity to stymie them.

Development, detection and decipherment of obfuscated fingerprints in humans: Implications for forensic casework.

Fingerprints have been widely used and accepted as an effective method of human identification. This biometric tool aids in criminal investigations for personal identity for over a century. Whilst the Automatic Fingerprint Identification System (AFIS) has bolstered security efforts, it has also opened doors to potential scams, affecting both civilian and law enforcement operations. Despite extensive research on fingerprint authentication issues, very little attention has been given to addressing the problem of fingerprint alteration or obfuscation. Fraudsters, with the guidance of experts, have developed new techniques to obscure their fingerprints intentionally. Fingerprint obfuscation is the deliberate alteration of fingerprint patterns with the aim of concealing their true identity, raising concerns amongst security and investigative organizations. The objective of the current communication is to highlight the numerous techniques used for obfuscation, forgery and alteration of fingerprints in humans. It further accentuates the need for identification and interpretation of these altered fingerprints and recommends notifying law enforcement agencies of potential threats.

How the Dunning-Kruger Effect Impairs Professional Judgement in High-risk Professions

The Dunning-Kruger effect is a cognitive bias whereby people with limited expertise in a given area overestimate their own competence and subsequently make poor decisions. In this paper, we review the bias in high-risk professions, within which overestimations of self-efficacy can lead to harmful and even fatal consequences. We explore the bias's effect on students (in medicine and aviation) whose inexperience assigns them a higher disposition to unmerited confidence. Moreover, we address the bias's effect in criminal investigations and emergency situations. This review finds that Dunning's dual burden account partnered with a self-serving bias is the best explanation for the Dunning-Kruger effect. The cognitive bias is ubiquitous and leads to insupportable degradations in professional performance. The bias was prevalent among medical and aviation students and also adversely affected the criminal investigation process: investigators ignored a self-evaluation process needed to improve interrogation skills. The principal correctives to the cognitive bias (Rahmani, 2020) are twofold. Firstly, management needs to be aware of the effect and understand that subordinates' projected self-confidence does not necessarily correlate to capability. Secondly, an organizational structure incorporating continual constructive criticism and evaluation from numerous sources is essential. Supervisors should not rely solely on self-assessment and should remember that self-doubt is critical to improvement.

Decoding the chemical clues: The role of advancements in forensic toxicology

Forensic toxicology, a crucial discipline in criminal investigations, has undergone significant advancements in recent years. This article delves into the realm of emerging techniques, analytical methods, and innovative applications that are revolutionizing the field. Advanced analytical techniques, such as high-resolution mass spectrometry, have enhanced the sensitivity and specificity of drug detection, enabling the identification of trace-level substances, including novel psychoactive substances (NPS). Emerging analytical methods, such as non-targeted screening approaches and biosensors, offer rapid and portable solutions for on-site drug detection. The article highlights the innovative applications of forensic toxicology, extending beyond traditional analyses. In postmortem toxicology, improved techniques aid in determining cause of death and assessing time of drug administration. In driving under the influence evaluation, roadside screening devices and pharmacodynamic models provide valuable insights into drug impairment. And in drug abuse monitoring and treatment, toxicological data informs public health interventions and treatment strategies. The article concludes by emphasizing the importance of continuous advancements in forensic toxicology to stay ahead of the growing complexity of toxicological challenges and address the ethical considerations surrounding advanced techniques. It underscores the significance of collaboration between forensic toxicologists, analytical chemists, pharmacologists, and clinicians to foster knowledge sharing and accelerate progress in this vital field.

The role of transnational electronic evidence in the investigation of crimes

The purpose of the study was a comparative analysis of the police practice of EU member states and Ukraine regarding transnational electronic evidence. Taking into account the goal, the practice of law enforcement of EU member states and Ukraine was chosen for comparative analysis. The method of comparative law and statistical methods were effective methodological tools and the basis of this research. The conducted research revealed that the international community is making a lot of efforts to reform the procedure for obtaining transnational electronic evidence when adapting to the current requirements. The new EU rules on the provision and storage of transnational electronic evidence cover the categories of subscriber data, access to transactions, and content. It was established that the SIRIUS and TREIO projects are important tools for supporting EU law enforcement agencies in matters related to transnational electronic evidence. In Ukraine, it is necessary to improve the legislation on the procedure for obtaining transnational electronic evidence with due regard to the international practice. The use of the recommendations of the SIRIUS and TREIO projects in Ukraine can contribute to improving the procedure of international cooperation regarding access to transnational electronic evidence in criminal investigations.

STUDI PERBADINGAN KEWENANGAN PENYIDIKAN PIDANA BERDASARKAN SISTEM PERADILAN INDONESIA DAN SINGAPURA

Investigation is a substantial first step in the law enforcement process. Indonesia and Singapore apply different legal systems to reform criminal procedural law need to be carried out through comparative studies. The problem formulation is what are the similarities and differences in criminal investigation authority based on the Indonesian and Singaporean legal systems. The research method was carried out normatively with the nature of the research using analytical descriptiveness, the type of data used was secondary data, qualitative data analysis and conclusions were drawn based on the deductive logic method. The results of the research and discussion are that investigations in Indonesia are regulated in the Criminal Procedure Code, while in Singapore they are regulated in the 2010 Criminal Procedure Code, there are exceptions regarding special criminal regulations. In conclusion, the same investigative authority is carried out by the police, there are exceptions regarding the investigation of special criminal acts where the investigator is from the relevant agency even though the police are also the investigator, differences in the legal systems used by the two countries, differences regarding the time to be accompanied by a lawyer, and there are differences time period submission of case files to the prosecutor's office.

베이지안 모델을 활용한 서울시 자치구별 범죄예측지도 연구

The issue of police personnel in Korea has been continuously raised. Efforts are being made to this end in various ways, but the police are still suffering from manpower shortages and heavy work due to policy changes such as “Adjustment of Investigative Rights between the Police and the Prosecution”. In relation to efficient police activities, a notable measure is the use of crime map based on crime big data. This study examined crime maps used at home and abroad, predicted crime rates for each district in Seoul based on Bayesian model, and visualized them to implement crime maps for each district in Seoul for contributing efficient police patrol activities and crime prevention, and moreover to help Primary crime prevention of citizens.
 To achieve the research purpose, this study looked at crime maps used in the United Kingdom, United States, and Korea’s and how they were used. Furthermore, this study tried to predict crimes in Seoul by district using CCTV, drinking establishment, schools and foot traffic data. Finally, based on the predicted analysis values, visualization of crime map for each district in Seoul was implemented.
 Unlike overseas crime maps, crime maps currently used in Korea were somewhat closed way(only limited users can use it or the algorithm has not been made public). Based on literature review, this study attempted to implement crime map that can be disclosed to private citizens based on the Bayesian model which is rising in the field of criminal investigation. Accordingly, database was established by collecting CCTV, drinking establishment, schools and foot traffic data for each district in Seoul. The Bayesian model, which predicted crime occurrence using the collected data, showed an average accuracy of about 87% which is higher accuracy than other crime prediction program abroad. Finally, visualized as a crime map based on the analysis results.
 The active use of crime map is highly valuable. It can help police's manpower shortage and heavy work, moreover private citizens too. Currently, Korea has also introduced and started operating crime map, but due to police’s confidentiality, it is difficult for private citizens to feel the efficiency of crime map. Crime map can be more valuable depending on how it is used, so if the police actively release crime map to the public, will get a great response.

A novel cross-domain adaptation framework for unsupervised criminal jargon detection via pre-trained contextual embedding of darknet corpus

As the regulation on the surface web becomes more stringent, criminals are gradually turning to the darknet markets for illicit operations. Moderating and studying the content on the marketplaces contribute to the combat of criminal forces in the darknet. Nevertheless, to evade the surveillance of law enforcement, jargons are widely used in criminal conversations as a disguise. These jargons misinterpret the meaning of seemingly innocuous words in cryptic ways, creating a huge challenge for criminal investigation. Current research on Chinese jargon detection focuses on keyword matching. However, this approach cannot keep up with the rapid update of new jargons from various domains. To the best of our knowledge, we are the first to conduct Chinese jargons detection research in the darknet markets. Specifically, we design an unsupervised cross-domain adaptation Chinese jargon detection framework (CJD-Framework) integrated with the pre-trained language model. Firstly, six underground markets in Chinese are crawled to build the first dataset of darknet corpus (DC-dataset). Next, a pre-training model based on Chinese word is proposed to extract contextual embeddings for darknet words. Finally, relying on semantic similarity analysis, a cross-corpus framework is constructed to effectively identify Chinese jargons in the darknet. Comprehensive experiments demonstrate the effectiveness and generalizability of the CJD-framework over the state-of-the-art models, with a detection accuracy of 91.5%. The darknet corpus dataset and innovative framework proposed in this research can provide sources and ideas for future analysis of underground crimes in the darknet markets.

The Role of Forensic Science in Criminal Investigation

Forensic science is a crucial element of the criminal justice system. Forensic scientists examine and analyse evidence from crime scenes and elsewhere to develop objective findings that can assist in the investigation and prosecution of perpetrators of crime or absolve an innocent person from suspicion. This study comprises a crime scene investigation, which is a scene where the case investigator and crime scene personnel work together to define and secure areas that may contain evidence; examine and document the scene; collect physical evidence; preserve, pack, and submit the evidence to the laboratory for analysis. Further, this study discusses forensic psychology and crime investigation, which elucidates the use of clinical specialties to walk through criminal acts and behaviours by applying psychological research, data, and theory to differentiate between the suspects and the main culprits. Additionally, the investigative techniques in forensic science have been thoroughly lined up, such as DNA analysis, finger printing, voice recognition, handwriting analysis, ballistics, autopsy, etc. Furthermore, the role of DNA profiling technology is conceptualised as a procedure that can be used to identify individuals on the basis of their unique genetic makeup. Moreover, the role of forensics in the identification of the accused and victim is mentioned in this study. The identification of the victim is executed by examining the teeth, mouth, or body alignment. To obtain an identification of the suspect, police use several modes like visual, audio, scientific, and test identification parades. Next, the role of toxicology, serology, and narcotics analysis in investigation is related to this study. These three deal with the study of chemistry, biology, and psychotherapy for the individual. This study makes use of brain mapping, polygraph, and narcotics analysis, the tests that are useful to know the concealed information that is related to crime. Eventually, the forensic evidence and the opinion of the experts are the last steps to assist the criminal investigation and to subjectively correlate all the aspects of the forensic methodology and crime scene.

Criminal investigation by the Kyiv Police in the first half of XIX century

The article attempts to analyze the procedure of criminal investigation of crimes by the Kyiv police in the first half of the XIX century. The main approaches to interpreting the activities of the police in historiography are considered, which view law enforcement as a practical embodiment of government policy. From the perspective of power, there was no gradation of crimes, and the investigation was perceived as an equal duty in maintaining order and “good.” According to legislation, the duties of the police included not only criminal investigation but also a range of other functions, such as maintaining urban development, supervising trade activities, and overseeing the moral state of the population through enforcing the prohibition of gambling.The study outlines the procedure of criminal investigation used in mid-XIX century Kyiv. It is noted that the investigation was closely linked to the testimonies of local residents, who were questioned about the circumstances of the crime as well as their own circle of suspects. Using archival documents, including case materials and reports from the city police, it is highlighted that the handling of cases at the local level was influenced by both governmental directives and the interests of the police officials themselves.The personal needs and motivations of the city police influenced the formation of reports and communication with higher-ranking officials, as well as the course of the investigation. Police reports were intentionally incomplete, as officials could pay less attention to minor cases that still fell within their jurisdiction and required investigation according to the law. Instead, police officers focused more on notable cases that could provoke a reaction from superiors and raise questions about the effectiveness of the city police’s work, such as high-value thefts or repeated crimes (including armed robberies committed by “people in black” as an example mentioned in the article). The specific characteristics of Kyiv’s local context also influenced the course of cases, as the city police responded more actively to unusual crimes for the region, such as murders. The “unconventional” nature of a committed crime could affect the established procedure of the investigation itself.

Editorial: A trialogue on regulating data-driven criminal procedure

This editorial introduces a special issue on the challenges of regulating data-driven criminal investigations, in light of the interplay – or rather, the lack thereof – between criminal procedure law and data protection law. The aim is to bring together scholars from both fields, to facilitate mutual understanding and to present ideas on better aligning these bodies of law to form a comprehensive normative framework. In data-driven investigations, police typically assemble large data sets to build an information position, followed by automated analysis to detect patterns and find evidence of potential crimes. The shift from traditional targeted, “case-seeks-evidence” investigations to data-driven untargeted, “evidence-seeks-case” investigations challenges the current normative framework. Discussing this challenge and the insights offered by the six contributions to this special issue, the authors identify multiple problems: people in criminal law lack knowledge of and therefore undervalue data protection law; data subject rights do not function well in the criminal procedure context; there may be an increasing emphasis on instrumentality in criminal law, at the cost of legal protection; criminal law strongly focuses on legal protection of suspects, particularly during trial, and does not cope well with investigations that never end up in court, nor with the protection of innocent citizens whose data are now also pervasively processed as by-catch in criminal investigations; and the law has relatively strong norms on data collection, but not on data analysis. The way forward lies in evolving towards a system that does not only protect suspects and victims but that systematically incorporates the rights of innocent thirds; developing an integrated and conclusive system of data processing rules in law enforcement, including data analysis and on-going reuse of data; and establishing a system of supervision that is adequately equipped to deal with the new reality of data-driven criminal procedure.

Interrogation of power subjects of pre-trial investigation during court proceedings

The purpose of the study, the results of which are given in the proposed article, was to solve the problem of interrogation in court session of persons who conducted pre-trial investigation. First of all, it was necessary to determine the status of the investigator in the court considering the case of the offense under investigation. In this regard, the author came to the conclusion that the function of the investigator as a representative of the prosecution ends with the completion of the pre­trial investigation. At the hearing, the investigator is interrogated as a prosecution witness in compliance with all the rules of interrogation of the witness, including the right not to testify against himself.
 The article emphasizes the need for the most close attention to the experience of the countries of the Western world regarding the use in court proceedings of the evidentiary potential of the testimony of persons involved in criminal investigations in order to improve national justice. Highlights the main recommendations of Western criminologists on the tactics of questioning law enforcement officers involved in the investigation of a crime, the case against which is under consideration by the court.
 As a result of the study, the author states that the introduction of concepts such as direct and cross-examination or a leading question into national legislation meant the beginning of the "game" according to new rules, which the theory and practice of Ukrainian legal proceedings did not manage to formulate and somehow formalize. Even more obvious is that if the new order is borrowed by us, then there are no serious reasons why it would be worth neglecting the rules of its functioning proven for centuries. There is no need to repeat the same historical path to make sure they are reasonable and effective. In view of this, it is necessary to develop and put into practice the rules of judicial interrogation corresponding to the adversarial paradigm, in particular the subjects of pre-trial investigation. to the adversarial paradigm, in particular the subjects of pre-trial investigation.