Kyrill Klevtsov

Features of Сollection of Criminal Evidence Located Abroad

2023. No. 4. P. 306–333 [issue contents]
The article discusses a number of features of both the organizational, legal and procedural nature of the formation of evidence in criminal cases located on the territory of foreign states. The purpose is to list all legal ways to obtain criminal evidence from abroad. The analysis used materialistic dialectics, legal hermeneutics (legal exegesis), special legal, comparative legal methods, sociological approach and forecasting method. The study shows that the choice of a method for collecting evidence located abroad directly depends on the circumstances of international cooperation and the most evidentiary information. The author comes to the conclusion that today the collection of extraterritorial criminal evidence is possible through the use of the mechanism of mutual legal assistance in criminal cases or law enforcement assistance, including through the creation of joint (international) investigation teams, the provision of consular legal assistance in criminal cases, as well as during the direct production of investigative and other procedural actions on the territory of foreign states. In addition, an attempt was made to analyze the features and difficulties of obtaining electronic information on criminal cases, which is located abroad. The author gives a brief overview of the provisions of the so-called Cloud Law adopted in the United States of America. As an empirical basis for the study, materials of criminal cases that are in the production of Russian investigative bodies, sentences of Russian and foreign courts, as well as various documents of a departmental nature and international organizations were used.
Citation: Klevtsov K.K. (2023) Features of Collection of Criminal Evidence Located abroad. Law. Journal of the Higher School of Economics, vol. 16, no. 4, pp. 306–333 (in Russ.). DOI:10.17323/2072-8166.2023.4.306.333
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