Informational Theory of Evidence and the Problems of Using the Electronic Means of Proving in Criminal Procedure

Abstract

Article deals with the topical for modern science of criminal procedural law and law enforcement practice question of use in criminal procedure digital evidence. Authors highlight that development of digital technologies, electronic forms of communication, Internet, transnational and transboundary nature of crimes, which are committed in the sphere of computer information, specific nature of creation of digital tracks, gives the opportunity to state the considerable broadening of the possibilities to use in proving digital evidences, and also cause the necessity of addressing to the solving the problems of proving, which appear in the conditions of digitalization, including the heritage of informational theory of proving, which gives the possibility to adapt the probative activity in criminal procedure to any future innovative discoveries, scientific and technical progress and define the place of the digital evidence among other procedural sources of evidence. During the research, it is found the factors, which influence negatively on the law enforcement practice, lead to recognition the evidence obtained in criminal proceeding as inadmissible. It is emphasized, that the cognitive potential in the aspect of development of the science of criminal procedure has the informational theory of criminal procedural proves. Relying on the fact that digital technologies are based on the methods of coding and transporting information using double code of encryption, which gives the possibility not only transport the information, but also recognize it after that, authors make the conclusion about suitability to use wider concept of «digital information» and «digital evidence » instead of concepts «electronic information» or «computer information». In order to formulate relevant conclusions, the authors refer to the legislation of foreign countries. The results of the study are formulated in the conclusions, where authors suggest definition of the concept of digital evidence and state the need to distinguish the digital evidence as an independent processual source of evidence.