Features of Evidence in the Context of Digital Transformation of Modern Criminal Proceedings

• Published in: Право и политика no. 7; pp. 72 - 83
• Main Authors: Maslennikova, Larisa Nikolaevna, Topilina, Tatiana Arkad'evna
• Format: Journal Article
• Language: English
• Published: 01.07.2025
• ISSN: 2454-0706; 2454-0706
• DOI: 10.7256/2454-0706.2025.7.75326

The subject of the study encompasses a comprehensive analysis of the evidentiary processes in the context of the digital transformation of criminal proceedings. The research focuses on two key areas of digital technology implementation: the digitization of procedural documents and the full-scale digitalization of court proceedings. Special attention is given to analyzing the application of electronic document management, video recording of proceedings, remote interaction of process participants, and the use of artificial intelligence in evidentiary matters. The study delves into the following aspects: the features of implementing digital technologies in the processes of gathering, verifying, and evaluating evidence; new forms of investigative actions (digital search, examination of computer information); remote methods of obtaining testimonies; the application of artificial intelligence in evaluating evidence; and the problems and risks of digitizing the criminal process. The experience of applying artificial intelligence in criminal proceedings of various countries is analyzed. The research methodology is based on a comprehensive approach, including: comparative legal analysis of legislation in post-Soviet countries; study of judicial practice; analysis of international experience in the use of digital technologies; assessment of the effectiveness of various forms of digitalization based on criteria of legality, justification, and fairness of the decisions made. The results of the research demonstrate significant changes in the processes of proof caused by the introduction of digital technologies. Modern digital tools in evidentiary processes have been identified and systematized, including electronic document management, video recording, and remote interrogation. The international experience of using artificial intelligence in court proceedings has been analyzed. Based on the analysis of the practice of implementing digital technologies in the USA, Malaysia, China, and other countries, both positive results (a reduction in judges' workload by up to 50%) and potential risks associated with the use of artificial intelligence have been identified. The practical significance is determined by the possibility of applying the results to improve criminal procedural legislation and its practical application in the context of digitalization. The materials of the research can be used in the development of regulatory acts in the field of digital criminal proceedings. The main conclusions are that digital transformation significantly changes the processes of proof in criminal proceedings. At the same time, the implementation of artificial intelligence should be carried out in accordance with the principles of fairness and transparency. A phased implementation of digital technologies is recommended, taking into account the specifics of the national legal system and the necessity of preserving the fundamental principles of the criminal process. It has been identified that the absolutization of the role of artificial intelligence in the evaluation of evidence contradicts the principle of the freedom of evidence evaluation.