Use of Technical Means in Recording Criminal Procedural Actions
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Abstract
The paper discusses the concept, methods, means, together with their advantages and disadvantages, of recording criminal procedure actions. In criminal procedure to record actions and results of the pre–trial investigation and court proceedings various means are used, namely, symbolic, material, visual and graphical. However, symbolic recording, i.e. data description by using symbols, is most widely used. This type of means is realized by making statements and sound recordings.
According to Lithuanian criminal procedure law, making statements (i.e. description) is acknowledged as the only way to record procedural actions, while other means of recording are alternative and could not replace the statement. Due to subjective factors found in recording by making statements, only those details that seem to be significant in the case to an officer are recorded. Also, pieces of important information can be left unrecorded, or the recorded data can be distorted. Moreover, not all kinds of information can be recorded in a verbal form, or due to different meanings of words, statements can be misinterpreted. Therefore, recording by making statements does not always guarantee a full, detailed and adequate representation of facts established during procedural actions. In comparison, technical methods of recording do not have such drawbacks.
After analyzing foreign criminal procedure laws, scientists’ opinions and practical needs, it is suggested to allow using technical means in recording procedural actions. Thus, certain amendments should be made in the articles of Criminal Procedure Code according to which, in case technical means of recording is used, descriptive statements should be shortened and carry only an additional meaning. In addition, statements should be considered as enclosures containing information about the date, time and place of procedural action, the persons who took part, the used technical means, and conditions in which those means were used, while all information on the course and results of procedural action should be recorded and put in certain information storing devices. In this way, a unified recording by making statements and using technical devices could be maintained and statements would become necessary, but at the same time not the most important, attribute in procedural actions.
According to Lithuanian criminal procedure law, making statements (i.e. description) is acknowledged as the only way to record procedural actions, while other means of recording are alternative and could not replace the statement. Due to subjective factors found in recording by making statements, only those details that seem to be significant in the case to an officer are recorded. Also, pieces of important information can be left unrecorded, or the recorded data can be distorted. Moreover, not all kinds of information can be recorded in a verbal form, or due to different meanings of words, statements can be misinterpreted. Therefore, recording by making statements does not always guarantee a full, detailed and adequate representation of facts established during procedural actions. In comparison, technical methods of recording do not have such drawbacks.
After analyzing foreign criminal procedure laws, scientists’ opinions and practical needs, it is suggested to allow using technical means in recording procedural actions. Thus, certain amendments should be made in the articles of Criminal Procedure Code according to which, in case technical means of recording is used, descriptive statements should be shortened and carry only an additional meaning. In addition, statements should be considered as enclosures containing information about the date, time and place of procedural action, the persons who took part, the used technical means, and conditions in which those means were used, while all information on the course and results of procedural action should be recorded and put in certain information storing devices. In this way, a unified recording by making statements and using technical devices could be maintained and statements would become necessary, but at the same time not the most important, attribute in procedural actions.
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
