Technical Means in Criminal Proceedings (Practice of the European Court of Human Rights)

The article examines the judicial legal positions of the European Court of Human Rights (hereinafter — ECHR) on the issue of the use of technical means in criminal proceedings. The rulings of the ECHR on the issues of application of video-conferencing, wiretapping technologies, biometric systems and polygraph are analyzed. It is necessary to ensure the effective participation of the accused in the course of the trial, the possibility of presenting evidence and confidential communication with the defense lawyer when using videoconferencing. The ECHR also insists that there is sufficient legal regulation and safeguards against abuse in the use of special technical means for collecting information on private life and surveillance technologies. The polygraph has no special evidentiary value for the ECHR, but its results can be used along with other evidence. The position of the ECHR that the use of technical means and innovations in criminal proceedings is on the whole positive and contributes to the efficiency of justice is summarized. However, in this case the guarantees of a fair trial must be observed and the violation of the privacy of participants in legal proceedings is inadmissible. Measures to improve the Russian legislation are proposed, taking into account the judicial legal positions of the ECHR on the issues under consideration regarding the use of technical means in criminal proceedings, and the importance of achieving a balance between respect for the rights and freedoms of the individual and the need to use technical means for the effective investigation of crimes is emphasized.