Open AccessTHE RATIO OF THE GROUNDS FOR INITIATING A CRIMINAL CASE AND THE GROUNDS FOR CHARGES IN CONDITIONS OF DIGITIZATION OF CRIMINAL PROCEEDINGS
Author(s) -
К. В. Обидин
Publication year - 2019
Publication title -
aktualʹnye problemy rossijskogo prava
Language(s) - English
Resource type - Journals
eISSN - 2782-1862
pISSN - 1994-1471
DOI - 10.17803/1994-1471.2019.103.6.147-155
Subject(s) - digitization , criminal investigation , conviction , officer , criminal procedure , psychology , law , computer science , political science , telecommunications
The proliferation and active use of technical means of audio and video recording in the process of identifying and proving certain types of crimes leads to the need to rethink the correlation of certain theoretical concepts. The paper analyzes similar elements and differences in the grounds for initiating a criminal case and the grounds for accusation. Attention is drawn to the convergence of the content of these concepts in the conditions of the spread of digital technologies in criminal proceedings. It is suggested that the use of audio and video recordings in a cognitive procedure has a significant effect on the inner conviction of the investigator and the inquiry officer when making procedural decisions. The possibility of initiating a criminal case is analyzed solely on the basis of audio and video. The author states his point of view on the inadmissibility of simplifying the procedure for establishment of evidence in cases of audio and video recordings, along with confessions, since in this case there is a violation of the basic foundations of cognitive activity in criminal proceedings.