THE PLACE OF DIGITAL TRACES IN CLASSIFICATION AND THE POSSIBILITY OF THEIR FORENSIC INVESTIGATION

Abstract

In the article, based on the analysis of the opinions of scientists and law enforcement practice, the classification of traces in criminology is considered. The first group consists of material traces, which are traditionally divided into traces-objects, traces-substances and traces-reflections. Traces in human memory constitute the second group of traces, called ideal. It is emphasized that the traces of memory in the form of subjective images can belong only to their bearer – a person, they are not accessible to external observation, they cannot be seen or fixed or removed using technical means. It is possible to turn them into sources of evidence for use in proving only during verbal investigative (search) actions. Attention is focused on the fact that obtaining evidentiary information is carried out by identifying and researching material objects and traces that carry information about the crime event, as well as by obtaining information about the crime event from people who were its direct participants, that is, from witnesses, eyewitnesses. Such information is obtained by the investigator during interrogation, presentation for identification, investigative experiment, as a rule, in verbal form. It was concluded that with the increase in the number of criminal offenses committed with the use of computer technologies, a third type of traces appeared in criminology, which does not belong to either ideal or material traces. The separation of their digital traces into a separate group is justified by the analysis of their properties, which are the absence of an inseparable connection with the material medium and the possibility of transferring them in space with the creation of their copies and instant destruction of such traces. Attention is focused on the fact that the research of digital traces cannot be carried out without the use of special knowledge that is used in criminal proceedings in the form of the involvement of specialists in conducting investigative (search) actions and conducting expertise. The investigation of digital traces begins at the initial stage of the investigation during the inspection, based on the results of which material carriers of information are removed, which are subsequently subject to expert investigation. The main examinations appointed for the purpose of investigating digital (electronic) traces are: examination of computer equipment and software products and examination of electronic communications.