信息技术领域的司法鉴定:准备和实施的一些问题

O.V. Kurman
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摘要

这篇文章专门讨论在信息技术领域准备和进行法医检查的问题。作者特别审查了诸如计算机硬件和软件产品以及电信系统和设施的研究等类型的专家研究。《乌克兰刑法》载有第十六章,其中规定了信息技术领域的刑事犯罪责任。调查这些刑事罪行的法医方法规定,指派和进行这类法医检查实际上是强制性的。这些类型的法医检查也被指定用于调查其他刑事犯罪,其中计算机、移动电话(智能手机)、闪存驱动器被用作工具或手段(间谍活动、谋杀、逃税、关税(强制性付款)、资助恐怖主义、大规模骚乱、等)这些审查是在有必要确定事实数据的情况下进行的,以及在电子技术手段的帮助下与刑事诉讼有关的某些行为。除了这些检查的可能性之外,文章还强调了与准备和进行专家研究有关的一些问题。例如,需要指出的是,为了在他的计算机上创建被调查硬盘驱动器的图像或副本,专家必须具有至少相同容量的存储介质。如果几台带有基于raid的磁盘阵列的个人计算机或服务器被送去检查,用于复制数据的可更换存储介质的费用可能会妨碍检查的成功进行。可以确定的是,检查的特点是,在软件对象的研究和不可能使用其副本的情况下,更改几乎总是发生在文件系统和技术设备的寄存器中(例如,当它们被打开时)。这种情况要求专家获得使用所谓破坏性(部分破坏性)方法的许可。本文还讨论了为专家研究准备材料的特点。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Forensic examinations in the field of information technology: some problems of preparation and conduct
The article is devoted to the problems of preparing and conducting forensic examinations in the field of information technology. In particular, the author examines such types of expert studies as the study of computer hardware and software products and telecommunication systems and facilities. The Criminal Code of Ukraine contains Chapter XVI, which provides for liability for criminal offences in the field of information technology. The forensic methodology for investigating these criminal offences provides for the appointment and conduct of these types of forensic examinations as de facto mandatory. These types of forensic examinations are also appointed in the investigation of other criminal offences in which computers, mobile phones (smartphones), flash drives were used as tools or means (espionage, murder, tax evasion, duties (mandatory payments), terrorist financing, mass riots, etc.)These examinations are carried out in cases where it is necessary to establish factual data and certain actions committed with the help of electronic technical means that are relevant to criminal proceedings. In addition to the possibilities of these examinations, the article also highlights some problems related to the preparation and conduct of expert studies. For example, it is noted that in order to create an image or copy of the investigated hard drive on his computer, the expert must have a storage medium of at least the same capacity. And if several personal computers or servers with RAID-based disc arrays are sent for examination, the cost of replaceable storage media for copying data may hinder the successful conduct of the examination. It is determined that the peculiarity of the examination is that in the case of the study of software objects and the impossibility of working with their copies, changes almost always occur in file systems and registers of technical devices (for example, when they are switched on). This situation requires the expert to obtain permission to use so-called destructive (partially destructive) methods. The paper also discusses the peculiarities of preparing materials for expert research.
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