Transformation of Criminal Proceedings through the Prism of Information Technologies

Abstract

The article examines the phenomenon of informatization of criminal proceedings and its transformation into electronic criminal proceedings as a component of Ukraine’s criminal procedural policy. Various scientific approaches to defining the concept of electronic criminal proceedings and its constituent elements are considered.
The author analyzes scholars’ positions regarding the understanding of electronic criminal proceedings as a progressive form of procedural document management through information and telecommunication systems.
Special attention is paid to distinguishing between the concepts of criminal procedural activity using technical and information-analytical tools versus electronic procedural activity. Based on the analysis of current criminal procedural legislation of Ukraine, the possibilities of using both traditional (paper) and electronic means in criminal proceedings have been identified.
The author formulates the definition of electronic criminal procedural activity as activity (procedural actions and decisions) of parties and other participants in criminal proceedings, which is implemented through and/or within information-analytical and information-telecommunication systems using electronic means to fulfill the tasks of criminal proceedings.
Based on the conducted research, the author’s definition of electronic criminal proceedings is proposed as a process of electronic criminal procedural activity of law enforcement agencies and their officials, prosecutors, investigating judges, and courts, which is implemented through detection, clarification, and investigation of criminal offenses to fulfill the tasks of criminal proceedings.
The article contains a comparative analysis of traditional (paper) and electronic criminal proceedings, demonstrating the advantages of electronic format in the context of optimizing procedural actions, interdepartmental communication, and document flow. The author concludes that electronic criminal proceedings are a logical successor to the traditional format in the conditions of digital transformation of society.