IMPACT OF DIGITAL TECHNOLOGIES ON CRIMINAL PROCEDURE IN RUSSIA AND INDIA: COMPARATIVE LEGAL ASPECT
DOI:
https://doi.org/10.54934/ijlcw.v2i1.43Keywords:
criminal proceedings, digital technologies, legal regulation, BRICS countries, digitalizationAbstract
The current rapid development of technological progress is an important source of new opportunities to improve various spheres of human life and activity, and have a significant influence on criminal justice systems as well. However, the implementation of new technologies in criminal proceedings may encounter different procedural features depending on the country and its legislation.
In doing so, not only legal aspects but also ethical ones need to be taken into account when using new technologies in criminal justice, as this can affect confidentiality and data protection as well as the fairness of sentencing decisions.
Therefore, it is important to conduct comparative analysis and research on the experience of other countries in order to make informed and effective use of new technologies in criminal justice.
The aim of this study was to conduct a comparative legal analysis of the criminal procedure legislation in Russia and India in order to identify trends in the development of criminal justice in the context of digitalization in these countries.
During the study a set of general scientific methods and traditional research methods (comparative and legal, system analysis) were used. A special place is occupied by the logical method and the method of comparative legal analysis.
The article characterizes the current state of the sphere of criminal procedure in Russia and India. The analysis identified the features associated with the implementation and application of new technologies in the criminal proceedings of these BRICS countries.
Results recognize the importance of the development of the sphere of criminal justice through the introduction of modern technologies in the practical activities of their law enforcement agencies and courts.
The authors conclude that the introduction of modern technologies in the sphere of criminal justice should provide citizens access to justice, promote effective investigation and fair sentencing. This study may form the basis for further research on the criminal procedure legislation of the BRICS countries.
References
Dr. O. Gambhir Singh., “Artificial Intelligence in Forensics & Criminal Investigation in Indian Perspective”, International Journal of Innovative Science and Research Technology, vol. 7, no. 7, pp. 142–144, https://doi.org/10.5281/zenodo.7008330
Dudarev V. A., “COVID-19 Pandemic as a Catalyst for Digitalization of Russian Criminal Justice”, Russian Journal of Criminal Law, vol. 17, pp. 39-43. (in Russian)
Kim D. V. et al. “Modern trends in the development of forensic techniques and technologies in criminal proceedings”, A. I. Bayanov, (Krasnoyarsk, 2021)
Mailis N.P., “The role of innovative technologies in the development of digital traceology”, Theory and Practice of Forensic Science, vol. 17, no. 2, pp. 18-22. (in Russian)
Mishra B., Chatterjee S., & Mishra S. “Traditional judicial systems need ammunition for future”, Journal of Legal, Ethical and Regulatory Issues, vol. 24, no. 2, pp. 1-14.
Mishra U., “Application of Cyber Forensics in Crime Investigation”, IJRAR- International Journal of Research and Analytical Reviews, vol 5, no. 3, pp. 317-322.
Pchelintseva V. V., “General overview of the mixed legal system of the republic of India”, Eurasian Union of Scientists, vol. 1-6, no. 70, pp. 38-44. (in Russian)
Prakash N. & Duhan R..., “Computer forensic investigation process and judicial response to the digital evidence in India in light of rule of best evidence”, International Journal in Management and Social Science, vol. 8, no. 05, pp. 1-11.
Rossinskaya E.R., “Digitization of forensic and criminalistic activities of the relationship and distinction”, Issues of expert practice, vol. S1, pp. 569-574. (in Russian)
Sanjeev Kumar, Deeksha, “Use of Scientific and Modern Techniques in Forensic Science and Their Utility in Criminal Justice System: An Indian Perspective”, International Journal of Trend in Scientific Research and Development, vol. 4, no. 6, pp. 1600-1604.
Shivpuri D., “Cyber Crime: Are the Law Outdated for this Type of Crime”, International Journal of Research in Engineering, Science and Management, vol. 4, no. 7, pp. 44-49.
Shrivastava P. K., “Electronic Evidence in Crime Investigation-Darknet & Policing”, The Indian Police Journal, vol. 68, no. 3, pp. 43-51.
Singhal A.V.K., “An Advanced Deep Learning Based Approach for Judicial Decision Support Process”, International Journal of Electronics Engineering, vol. 13, no. 2, pp. 18-23.
Sourdin T., Li B., & McNamara D. M., “Court innovations and access to justice in times of crisis”, Health policy and technology, vol. 9, no. 4, pp. 447-453.)
Downloads
Published
Issue
Section
License
Copyright (c) 2023 Elizaveta Popova
This work is licensed under a Creative Commons Attribution 4.0 International License.