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CHALLENGES AND PROSPECTS OF REMOTE INTERROGATION IN PRE-TRIAL CRIMINAL PROCEEDINGS

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PDF: Author(s): Sirotinin D. A.,
Number of journal: 4(65) Date: November 2023
Annotation:

The article is devoted to the analysis of some aspects of investigative actions using video conferencing. A comparison of a number of provisions of the criminal procedural norms with the initial proposals in the bill is carried out, and testing trends are noted. The chronology of the formation of the sectoral legislative base in terms of legitimizing the use of video conferencing in pre-trial criminal proceedings is studied in comparison with the regulatory spread of this remote technology in related areas of legislation. An assessment is made of the practical possibilities of following the current procedure for using video conferencing during investigative actions, based on the meaning of some concepts enshrined in the law. The difficulties of implementing organizational, technical and legal criteria within the limits formulated in the new criminal procedure norm are noted. The issues of recording the progress and results of investigative actions are touched upon, both in the main written form of the protocol and in the form of an additional video recording. Using the example of a hypothetical change in the procedure for drawing up and signing an interrogation protocol conducted using video-conferencing, it was demonstrated that there is potential to improve the current procedure for conducting an investigative action in a remote format by partially introducing elements of electronic document management while simultaneously increasing the reliability and correctness of the content of the investigative action protocol “in the traditional” way in the form of a handwritten signature by the interrogated person and other participants located outside the place of the preliminary investigation. Also, using the example of mitigating the imperative of mandatory video recording of remote investigative actions, the procedure for its production was simplified with an increase in the importance of other factors that ensure reliability, accessibility and ease of implementation of the needs of investigative authorities in the analyzed area.

Keywords:

remote technologies, video conferencing, digitalization of criminal proceedings, preliminary investigation, pre-trial criminal proceedings, reliability of testimony, video recording of interrogation, investigative protocol, place of interrogation, confirmation of the correctness of testimony

For citation:

Sirotinin D. A. Challenges and prospects of remote interrogation in pre-trial criminal proceedings. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2023;4(65):229—233. DOI: 10.25683/VOLBI.2023.65.851.