Information and technical means as a guarantee of criminal proceedings objectivity

The article analyzes the use of information and technical means in criminal proceedings regulated by legal norms. Familiarization with the protocol of interrogation, physical confrontation, submission for identification, conducted via video conference, by announcing it to the participants cannot be considered an adequate guarantee of the reliability of the correctness of the presentation of testimony in the protocol in the absence of a video recording. Despite the fact that the Criminal Procedure Code of the Russian Federation establishes the mandatory video recording of investigative actions conducted using video conference systems, its absence in investigative and judicial practice is not uniformly assessed as a material violation of the law. Similarly, there is no uniform practice in assessing the absence of an audio recording of a court hearing as a basis for the remission of a sentence by a higher court. An audio protocol as a guarantee of the reliability of the court hearing protocol, primarily in terms of presenting the testimony of participants in a criminal case interrogated during the trial, is of particular importance in view of the change in the rules for announcing a sentence, which are reduced to announcing only its introductory and operative parts, and the immutability of the procedure for handing copies of the sentence to the convicted or acquitted person, the defense attorney, and the prosecutor.

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Publication Details

Journal
Russian Journal of Legal Studies (Moscow)
Published
2024-12-10
DOI
https://doi.org/10.17816/rjls642724
Primary Topic
Education, Law, and Society
Type
article
Field-Weighted Citation Impact
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article

Information and technical means as a guarantee of criminal proceedings objectivity

Г В Стародубова
Russian Journal of Legal Studies (Moscow)
Education, Law, and Society
article

Information and technical means as a guarantee of criminal proceedings objectivity

Г В Стародубова
article en

Abstract

The article analyzes the use of information and technical means in criminal proceedings regulated by legal norms. Familiarization with the protocol of interrogation, physical confrontation, submission for identification, conducted via video conference, by announcing it to the participants cannot be considered an adequate guarantee of the reliability of the correctness of the presentation of testimony in the protocol in the absence of a video recording. Despite the fact that the Criminal Procedure Code of the Russian Federation establishes the mandatory video recording of investigative actions conducted using video conference systems, its absence in investigative and judicial practice is not uniformly assessed as a material violation of the law. Similarly, there is no uniform practice in assessing the absence of an audio recording of a court hearing as a basis for the remission of a sentence by a higher court. An audio protocol as a guarantee of the reliability of the court hearing protocol, primarily in terms of presenting the testimony of participants in a criminal case interrogated during the trial, is of particular importance in view of the change in the rules for announcing a sentence, which are reduced to announcing only its introductory and operative parts, and the immutability of the procedure for handing copies of the sentence to the convicted or acquitted person, the defense attorney, and the prosecutor.

Russian Journal of Legal Studies (Moscow)Vol. 11(4)
Voronezh State University (RU)
Openalex Percentile: Top 57%
Education, Law, and Society
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Information and technical means as a guarantee of criminal proceedings objectivity — Г В Стародубова · Russian Journal of Legal Studies (Moscow) (2024) | TGRS Research Map | TGRS