Criminal procedure as a type of information process

Based on the informational nature of criminal procedure, the authors conclude that it is necessary to distinguish between two regulatory frameworks: the application of digital technologies for document workflow management (governed by administrative instructions) and their application in ways that affect the character of criminal procedural activities and legal relations (which must be governed by substantive criminal procedure law). The authors emphasize that the doctrinal understanding of the contemporary criminal process must be grounded in its informational essence. From this perspective, the priority in criminal procedure becomes the discovery, preservation, transmission, and use of reliable information. Consequently, the authors propose the following definition: Criminal procedure is a state-regulated activity for the collection, verification, preservation, transmission, and use of information about a crime and its perpetrators, aimed at the administration of justice. This activity is implemented through criminal procedural relations governed by the norms of criminal procedural law. The authors declare no conflicts of interests.

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