Duomenų perdavimo elektroninių ryšių tinklais galimybės baudžiamojoje procesinėje veikloje.

Abstract

Development and intensive use of Information Technology (IT) in almost all areas of modern life supposes the necessity to harness IT in criminal proceedings. This is emphasized in many recommendations announced by the Committee of Ministers of the Council of Europe, declaring that a wider use of IT should reduce the cost, increase efficiency and promptness of criminal procedure and, furthermore, ensure a better quality and transparency of the procedures. Despite the obvious advantages of transmitting data via electronic telecommunication networks (such as: reduced transfer time and cost, increased reliability, etc.), the Code of Criminal Procedure of the Republic of Lithuania authorizes only a single case for use of these data transfer methods; part 2 of Article I71 of the Code states that the European arrest warrant transmitted by facsimile or other electronic telecommunication networks is recognized if the transmitting procedure ensures authenticity and integrity of the data. In practice electronic telecommunications are being used for a much wider set of purposes related to solving organizational matters; many practitioners would welcome the use of electronic telecommunications for transmitting data related to criminal proceedings, if necessary legislation were available. The article states that a number of international legal acts and the law of the Republic of Lithuania have established proper means of ensuring authenticity and integrity of data transmitted via electronic telecommunication networks (e.g. secure electronic signature) and thus information transmitted by using these means is reliable and appropriate for legal matters. [...]