New Rules on Confiscation of Electronics and Copying Information (Article 1641 of the Code of Criminal Procedure Law): The Advantages and Disadvantages of the Novel

Abstract

The article is devoted to the detailed analysis of the novel of the criminal procedural legislation defining the order of withdrawal of electronic media and copying of information from them. In December 2018, the Criminal Procedure Code of the Russian Federation was supplemented by article 164¹ established “features of withdrawal of electronic data carriers and copying of information from them in the course of investigative actions”. At the moment, it is forbidden to withdraw electronic media in the investigation of cases in the field of business, except in cases established by law. The investigator has the right to copy information from electronic media. The requirement for the mandatory participation of a specialist in the seizure of electronic media, the legislator left unchanged. Assessing the legislative amendments, the authors substantiate the need to recognize as invalid the mandatory requirement for the mandatory participation of a specialist in the removal of electronic media.