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The Features of the Use of Information Technologies in Criminal Proceedings in the BRICS Countries

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This article analyzes the information and technological advancements made by the BRICS countries in the field of criminal proceedings, specifically in the process of gathering evidence in criminal investigations. The relevance of the research topic is explained by the widespread proliferation of computer-related crimes and other crimes committed using computer technologies. With the increase in cybercrime, the number of digital traces left behind by criminal activity is also increasing. This calls for the development of a new approach for detecting, recording, erasing and investigating these digital traces. Given the transnational and cross-border nature of cybercrime, it is necessary to pursue a policy of interaction among the law enforcement agencies of the BRICS countries in order to effectively provide legal assistance in criminal cases, preserve the electronic data obtained from users of information and telecommunications systems and transfer the data to interested countries upon request. This will aid in the formation of a regulatory framework for the information technology sector that meets modern challenges and requirements. Additionally, it is critical to borrow best practices in order to harmonize the criminal and criminal procedure legislation of the BRICS countries, as coordinated activities will ensure closer cooperation between the countries in the socio-economic and cultural spheres, allowing for the achievement of greater results in these areas. Furthermore, the article demonstrates a new approach to the study of the comparative legal nature of the various legal systems in the BRICS countries. The conclusion reached is that the harmonization of criminal procedure systems essentially comes down to the detection of electronic data, the recording of that data in electronic form, the storage of case materials and the submission of those materials to the court in electronic form. The legal consolidation of these steps will make it possible to introduce electronic document management, thereby enabling the optimization of criminal procedure activities, the objective recording of evidentiary information and the assurance of savings in material and procedural costs associated with criminal proceedings.

About the Authors

A. Dmitrieva
South Ural State University (National Research University)
Russian Federation

Anna Dmitrieva (Chelyabinsk, Russia) – Head, Department of Criminal and
Penitentiary Law, Criminology

87 Lenina Ave., Chelyabinsk, 454080

Sh. Alshdaifat
University of Sharjah
United Arab Emirates

Shadi Alshdaifat (Sharjah, UAE) – Associate Professor of Public International Law, College of Law

P. Pastukhov
Perm Institute of the Federal Penal Service
Russian Federation

Pavel Pastukhov (Perm, Russia) – Professor of Criminal Procedure and Criminalistics; Professor of Public Law, Faculty of Extra Budgetary

Bukireva St., Perm, 614990


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For citations:

Dmitrieva A., Alshdaifat S., Pastukhov P. The Features of the Use of Information Technologies in Criminal Proceedings in the BRICS Countries. BRICS Law Journal. 2023;10(1):88-108.

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ISSN 2409-9058 (Print)
ISSN 2412-2343 (Online)