Foreign Experience in the Use of Electronic Criminal Proceedings

Introduction: the article explores the experience of foreign countries in which electronic criminal proceedings are provided for at the legislative level and the problems of legal regulation of the use of electronic document management in the investigation of crimes have been solved. The author of the article, based on the study of digital platforms and automated information systems that provide access to electronic justice in criminal proceedings, highlights the positive effect of the transition to the electronic format of criminal proceedings, drawing attention to some of its shortcomings. Purpose: to analyze the experience of foreign countries in the widespread use of electronic documents in criminal proceedings, to study legal regulation of electronic criminal proceedings, to identify the most promising legislative solutions that may be useful for the Russian legislator concerning the introduction and application of electronic criminal cases in the territory of the Russian Federation. Results: the author, based on the opinions of scientists and her own analysis of the experience of individual countries (USA, Germany, Singapore, Spain, the Republic of Kazakhstan, the Republic of Azerbaijan, and the Kyrgyz Republic) where criminal proceedings are conducted electronically, notes the need for a phased introduction of electronic (digital) criminal proceedings in Russia. She positively assesses the active use of information technologies in this field, the introduction of electronic document management in criminal proceedings, the use of digital platforms and automated information systems to carry out criminal procedural activities in the digital environment. Conclusions: having studied the experience of using electronic criminal cases in foreign countries, the author proposes that there should be developed and introduced into criminal proceedings of the Russian Federation a theoretical model of ‘electronic criminal case’, while the Criminal Procedure Code of the Russian Federation should be supplemented with a number of norms that regulate the procedure for conducting such cases and make it possible to carry out criminal proceedings fully in electronic form.