On digital technologies for recording information on criminal cases

The practical spread of digital technologies has complicated the issues of information reliability; so, modern digital photo-video cameras, unlike previously used equipment of the kind, can subject images to manipulation, including that uncontrolled by users. Thus, making undue changes in the matrix of a photo or a video is now technically possible. An optimal procedure needed to exclude such a situation is only feasible in the scope of an integrated approach combining the technical means able to eliminate the very fact of changing electronic media with the tactics able to ensure the admissibility and reliability of the evidence obtained using digital technology. Sometimes criminal case materials contain various photos depicting the participants in criminal proceedings when making gestures and taking poses intended to indicate some significant circumstances of the investigated event, among them outstretched hands, pointing fingers, hugging, squatting, holding out objects and documents, and so on. However, these gestures, per se, can mean anything; thus, this practice cannot be considered flawless. When choosing a means of recording, it is necessary to consider its designation for recording either static or dynamic information. Photographing is preferable for static information, but is less suitable for the dynamic one, since a significant part of the latter will be lost; so, video recording with a synchronous sound recording is more acceptable in this case. Under Article 166 of the Code of Criminal Procedure of the Russian Federation (RF CCP), what may be attached to the report are the electronic media carrying the information received or copied from other electronic media in the course of an investigation (Part 8). However, information contained in a removable memory card is neither obtained, nor copied in the course of the investigation; this information is created. Thus, it is formally removed from the list of objects that the law regards as possible attachments to the investigation report. This seems to necessitate clarifying the wording of Part 8 of Article 166 of RF CCP, as the list of electronic media that can be attached to the investigation report should include not only the media "obtained or copied from other electronic media in the course of an investigation", but also those made and produced in the course of the latter.

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