Examination of digital evidence in criminal proceedings: judicial aspect

The subject of the study is the examination of digital evidence as an investigative action conducted at the pre-trial and trial stages of criminal proceedings. The aim of the research is to develop scientific and practical recommendations on the issues of examining digital evidence during court investigations. The development and widespread adoption of digital technologies lead to an increasing number of crime traces being recorded in digital form. In this regard, proposals are emerging in the doctrine to enshrine electronic investigative actions in the Criminal Procedure Code of the Russian Federation. Specific features of interacting with digital information are also reflected in foreign countries. However, researchers rarely address the trial stage, not analyzing the procedure for examining electronic evidence in court. Therefore, this article attempts to reveal the specifics of examining electronic evidence. To achieve this goal, both general scientific methods of cognition and specialized legal methods were used. The method of analyzing judicial practice was used to clarify the peculiarities of examining electronic evidence. The method of comparative law allowed for the analysis of relevant legislation in foreign countries, identifying its advantages and disadvantages. The formal-legal method was employed to elucidate the content of legal norms. Based on the analysis of the works of S.V. Zuev, R.I. Okonenko, M.S. Sergeev, A.B. Smushkin, and K.Y. Yakovleva, it was established that the issues of examining electronic evidence by the court have not previously received wide coverage. As a result of the study, the author conducted a detailed analysis of the examination of electronic evidence as an investigative action. The element of novelty lies in the identification of three main types of examination of electronic information in court proceedings: examination of electronic evidence formed at the pre-trial stage, examination of electronic media provided by the parties during the court proceedings, and examination of online sources. The author's contribution lies in substantiating the need to supplement the current criminal procedural law with an article regulating the procedure for judicial examination of electronic evidence and their attachment to the criminal case. A draft article of the Criminal Procedure Code of the Russian Federation dedicated to the judicial examination of electronic evidence has been proposed. This solution will help eliminate the existing gap in legislation by providing a special investigative action for the examination of electronic evidence, ensuring uniformity of judicial practice.