Digitalization of the criminal process: is simplification always for the better?

Abstract

Based on monitoring of current foreign criminal procedural legislation and its application, as well as scientists’ points of view, an analysis of the process of digitalization of criminal justice in some leading countries, in particular Ukraine, was carried out. The positive aspects of the systematic transfer of proceedings to digital mode were highlighted – optimization of pre-trial investigation and trial procedures, saving budget funds, reducing the number of authorized entities involved in certain procedural actions, applying effective methods of electronic communication, and so on. Risks include a lack of proper technological support and the threat of cyberattacks, intensification of abuse and falsification of evidence. Prospects for the development of digitalization have been determined in terms of interaction with electronic registers, the simplification of application transfer, petitions and complaints directly through the system of electronic cases and so on. Arguments are given on the expediency of applying an integrated approach to the implementation of the concept of electronic judicial proceedings, in particular the use of electronic document management and access to court cases in electronic form, the use of modern digital technologies in the implementation of procedural actions, and ensuring the proper recording of the trial by videoconference. It is emphasized that the basis of such digital innovations in the field of criminal justice should be the principle of humanism, that is, with human rights and legitimate interests as a priority.

Keywords

• digitalization of criminal proceedings
• information and communication technologies
• pre-trial investigation
• trial
• digital evidence
• respect for individual rights