Information and technical means as a guarantee of criminal proceedings objectivity
- Authors: Starodubova G.V.1
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Affiliations:
- Voronezh State University
- Issue: Vol 11, No 4 (2024)
- Pages: 139-144
- Section: Criminal procedure
- URL: https://journal-vniispk.ru/2410-7522/article/view/286396
- DOI: https://doi.org/10.17816/RJLS642724
- ID: 286396
Cite item
Abstract
The article analyzes the use of information and technical means in criminal proceedings regulated by legal norms. Familiarization with the protocol of interrogation, physical confrontation, submission for identification, conducted via video conference, by announcing it to the participants cannot be considered an adequate guarantee of the reliability of the correctness of the presentation of testimony in the protocol in the absence of a video recording. Despite the fact that the Criminal Procedure Code of the Russian Federation establishes the mandatory video recording of investigative actions conducted using video conference systems, its absence in investigative and judicial practice is not uniformly assessed as a material violation of the law. Similarly, there is no uniform practice in assessing the absence of an audio recording of a court hearing as a basis for the remission of a sentence by a higher court. An audio protocol as a guarantee of the reliability of the court hearing protocol, primarily in terms of presenting the testimony of participants in a criminal case interrogated during the trial, is of particular importance in view of the change in the rules for announcing a sentence, which are reduced to announcing only its introductory and operative parts, and the immutability of the procedure for handing copies of the sentence to the convicted or acquitted person, the defense attorney, and the prosecutor.
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##article.viewOnOriginalSite##About the authors
Galina V. Starodubova
Voronezh State University
Author for correspondence.
Email: gv_starodubova@mail.ru
SPIN-code: 4103-3306
Cand. Sci. (Jurisprudence), associate professor
Russian Federation, VoronezhReferences
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- Starodubova GV. Glasnost of judicial proceedings as a guarantee of reliability of the record of the court session in a criminal case. Legislation. 2017;(11):80–84. EDN: ZWLXXF
- Starodubova GV, Astafiev AY, Baeva KM, et al. Criminal Procedural Acts. 4 th ed. Moscow: Yurait; 2024. (In Russ.) EDN: LPKCZF
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