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Moral Principles of the Criminal Procedure in the context of Digitalization: Fundamental Inviolability or Inevitable Transformation

https://doi.org/10.17803/1994-1471.2023.146.1.136-149

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Abstract

Large-scale digitalization of social processes covers more and more areas of human activity, including criminal justice. At the same time, in the context of digitalization and likely digital transformation, it is important to preserve the moral basis of criminal proceedings. The paper discusses the degree of stability of the moral foundations of the criminal procedure in the face of the latest digital trends, analyzes the likelihood of changes in the system of moral principles in criminal proceedings in the context of digitalization. The author concludes that domestic criminal justice is at the initial stage of digitalization. At the moment this process does not pose serious threats to its moral principles. As various information and technological innovations (artificial intelligence, robotics, neural networks, etc.) are introduced into the criminal procedure, the risk of undermining its moral foundations increases significantly. Thus, the safety of moral principles in criminal proceedings is directly dependent on the limits of its digitalization. In general, it is possible to ensure the security of the fundamental provisions of the criminal procedural legislation, which are based on moral norms, if important conditions of a humanistic nature are observed in the process of introducing digital technologies. The use of a technocratic approach in the course of digitalization of criminal proceedings can cause irreparable harm to the moral and legal foundations of criminal procedure.

For citations:

Mironova E.Yu. Moral Principles of the Criminal Procedure in the context of Digitalization: Fundamental Inviolability or Inevitable Transformation. Actual Problems of Russian Law. 2023;18(1):136-149. (In Russ.) https://doi.org/10.17803/1994-1471.2023.146.1.136-149

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ISSN 1994-1471 (Print)
ISSN 2782-1862 (Online)

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