刑事犯罪电子(数字)痕迹分类

A. Kovalenko
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摘要

随着科学技术的进一步发展,罪犯在实施犯罪行为时使用电子计算设备的方式也在发生变化。每一种新方法,每一种非法技术的表现都会留下特定的痕迹,在大多数情况下,这些痕迹对理论家和实践者来说都是新的。识别、提取和检查每一种这样的痕迹都需要独特的方法。因此,法医科学家的任务是根据所提到的痕迹的基本特征和具有法医意义的特征将其划分为不同的种类,以便进一步制定与它们一起工作的实际建议。因此,本文的目的是形成一种刑事犯罪电子(数字)痕迹的法医分类。为实现这一目标,运用了法医学的概括方法、语言分析方法、形式-法律方法、形式-逻辑方法、比较方法、预测方法、分析方法和综合方法以及活动学和行动学方法。笔者挑出刑事犯罪电子(数字)痕迹的法医学显著特征,选取了三组分类标准:根据痕迹形成对象的特征,根据计算机数据作为痕迹的特征,根据该数据的载体(媒介)(痕迹接收对象)的特征。在第一组标准的基础上,将犯罪电子(数字)痕迹按照痕迹形成对象划分为不同的品种;基于第二组标准——根据数据格式,根据数据内容,根据信息感知的方法,根据数据真实性,根据访问的可能性;基于第三组——根据计算机数据载体(介质)的位置,根据载体的安装目的和类型以及对数据载体的存储装置的能量依赖性。作者认为,对刑事犯罪电子(数字)痕迹的进一步分类进行科学研究,并就刑事诉讼中电子(数字)痕迹的侦查、收集、审查和使用提出切合实际的建议是有希望的。
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Classification of Electronic (Digital) Traces of Criminal Offenses
With the further development of science and technology, the ways in which offenders use electronic computing devices while committing criminal acts are also changing. Each new method, each manifestation of illegal technology leaves behind specific traces, which in most cases are new for both theorists and practitioners. Identification, extraction and examination of each type of such traces requires unique approaches. Therefore, the task of forensic scientists is to divide the mentioned traces into varieties based on their essential and forensically significant features in order to further develop practical recommendations for working with them. Therefore, the purpose of this article is the formation of a forensic classification of electronic (digital) traces of a criminal offense. To achieve the goal, the methods of generalization, linguistic analysis, formal-legal, formal-logical, comparison, forecasting, analysis and synthesis methods, as well as activity and praxeological approaches in forensic science were used. The author singled out forensically significant features of electronic (digital) traces of a criminal offense and selected three groups of criteria for their classification: according to the features of the trace-forming object, according to the features of computer data as a trace, and according to the features of the carrier (media) of such data (trace-receiving object). Based on the first group of criteria electronic (digital) traces of a criminal offense are divided into varieties according to the trace-forming object; based on the second group of criteria – according to data formatting, according to data content, according to the method of information perception, according to data authenticity, according to the possibility of access; based on the third group – according to the location of the computer data carrier (media), according to the purpose and type of installation of the carrier and by the energy dependence of the storage device of the data carrier. In the author's opinion, scientific research on the further distribution of electronic (digital) traces of criminal offenses into subtypes and the formulation of practically oriented recommendations regarding their detection, collection, examination and use in criminal proceedings are promising.
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