Improving electronic evidence legal regulation in criminal proceedings

Siberian Federal University, Law Institute, Svobodnuj 79, Krasnojarsk, 660041, Russia

^* Corresponding author: Lvmaiorova@mail.ru

Abstract

The paper analyzes new sources of information on criminal cases related to digitalization. The study considers the issue on the reasonability of the "electronic evidence" concept introduction into the criminal procedure, the need for additional guarantees of the procedural form of information technologies related evidence. The paper examines the theoretical approaches and requirements, formulated in Russian and European legislation, on the peculiarities of the admissibility of this evidence in criminal cases. Admissibility rules elaboration is a defining moment in this type of information practical use. Another important circumstance is the formulation of the principle of proportionality. The principle of proportionality guarantees the preservation of the fundamental rights of the relevant entities and a system of legal remedies. Much more important is the issue of securing in the current criminal procedural legislation guarantees of observance of the legal rights and freedoms of persons whose interests are affected by obtaining data from various electronic sources in the course of a criminal investigation. Taking into account the invasiveness that accompanies the proper functioning of the new system of comprehensive digitalization, the development of guarantees for the observance and protection of fundamental human rights and freedoms is especially relevant to ensure it. Research reviews German criminal justice experience on this subject matter.