Impact of the COVID-19 pandemic on the digital transformation of criminal justice

A common trend in the development of criminal proceedings over the last decade has been the penetration of modern digital technology. To a certain extent, the digitalisation of criminal proceedings has been a natural consequence of a qualitative change in crime and an increase in the number of offences committed through the use of modern technology. However, the degree of digitalisation of the criminal process varies considerably from state to state. The COVID-19 pandemic that has engulfed the world has severely challenged courts and law enforcement agencies. The criminal justice system has been confronted with unforeseen challenges and new procedural tools have to be found to address them. The resolution of the contradiction between social distance and the right of citizens to access to justice forced courts to use modern information technology more frequently. However, the pandemic has also revealed organisational and regulatory difficulties that make their use difficult. The authors believe that further scientific development of the problems of digitalization of criminal proceedings will contribute to the smooth administration of justice in criminal cases, even in emergency situations and special regimes. The article analyses prospective directions of digitalization which will contribute to the optimization of criminal proceedings. These directions include application of digital technologies for detection and investigation of crimes, criminal evidence, optimization of routine processes in criminal proceedings and use of artificial intelligence in making procedural decisions. The authors emphasise that the main factor limiting the use of digital technology is the significant lag in the regulatory framework that does not allow the use of a particular technology in the due process of law. The authors propose to regulate by law the issue of determining the reasonableness of the duration of court proceedings, taking into account the epidemiological situation. In conclusion, we substantiate a system of conditions, the fulfilment of which will be a prerequisite for the productive digitalisation of Russian criminal procedure in the post-pandemic era. Key issues are suggested for further constructive scientific discussion, the results of which should be reflected in legislation.