Міжвідомчий Науково-методичний збірник
"Криміналістика і судова експертиза"
ISSN: 0130-2655
PDF Криміналістика 65 друк новий 90 100 Завантажень: 9, розмiр: 279.3 KB

DOI: https://doi.org/10.33994/kndise.2020.65.09

I. Kalancha

The article deals with the electronic segment in criminal procedural law in Latvia. It analyses both specialized electronic tools of criminal procedure in the form of information system (judicial information system) and non-specialized electronic tools of criminal procedure.

The author studies the requirements for electronic recording of specific investigatory actions (interrogation of a juvenile victim and witness, questioning, exhumation, line-up for identification). The research focuses as well on the electronic component of special investigatory actions (correspondence control, communication facilities control, data control in an automated data processing system, content control of the transmitted data, audio or video location control, individual audio control). It provides further evidence for the possibility of implementing procedural actions using technical means (telephone conference, videoconference) if the interests of criminal proceedings so require.

It is made clear that it is the duty of individual subjects of criminal proceedings at the request of the person who administers the proceedings to immediately notify in writing postal or e-mail address for managing written communications. The author outlines the terms for sending notifications in criminal proceedings and subpoenas to the individual’s email address. The article also investigates the procedure for publishing electronic images of a detainee, suspect, victim and witness in the media. It studies the regulations for recording the course of a court hearing in full size using audio, video or other technical means, as well as recording the parole by means of electronic surveillance.

According to the results of the study, the author proposes to take into account a number regulations in criminal procedural law in Latvia when developing proposals for improving domestic criminal procedural law, including: interrogation of a minor using technical means and a psychologist in another room; the obligation to provide in writing postal or e-mail address for managing written communications and the possibility of sending a notification as for the decision with the enclosed copies to that e-mail address; sending summons to an email address; the procedure for the publication in the media of images of the suspect, victim and witness taken during the proceedings; arranging the parole using electronic surveillance.

The keywords: criminal process, electronic segment, Latvia, tools of criminal procedure, electronic recording, electronic communication.