Models of the Early Stages of Criminal Justice and Ensuring Access to Justice in a Digital Environment

DOI

10.2991/aebmr.k.210318.024How to use a DOI?

Keywords

Convergence of rights, divergence of law, the initial stage of criminal proceedings, criminal proceedings, digital relations, registration of statements of crime

Abstract

The article is devoted to the comparative analysis of the models of the initial stage of criminal proceedings operating in different states, identifying their most important characteristics, advantages and disadvantages, determining the procedural and organizational directions for the further development of preliminary (pre-trial) proceedings. It is shown that the division of pre-trial proceedings into two independent states (initiation of a criminal case and preliminary investigation), which persists in Russia and a number of other states of the Slavic legal family, determines the restriction of access to justice. The proposal to combine the two stages into one is substantiated, and the beginning of the preliminary (pre-trial) proceedings is to consider the receipt of a statement or other message about a crime. Modern trends in the development of digital relations confirm the need for digital transformation of the initial stage of criminal proceedings, including the transition to a predominantly electronic reception of statements of crime.

Copyright

© 2021, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Larisa Maslennikova
AU  - Tatyana Vilkova
AU  - Andrew Sobenin
PY  - 2021
DA  - 2021/03/18
TI  - Models of the Early Stages of Criminal Justice and Ensuring Access to Justice in a Digital Environment
BT  - Proceedings of the 1st International Scientific Conference "Legal Regulation of the Digital Economy and Digital Relations: Problems and Prospects of Development" (LARDER 2020)
PB  - Atlantis Press
SP  - 152
EP  - 158
SN  - 2352-5428
UR  - https://doi.org/10.2991/aebmr.k.210318.024
DO  - 10.2991/aebmr.k.210318.024
ID  - Maslennikova2021
ER  -