The Use of Information Technology in Investigation: Directions, Problems and Prospects

Frolov Vyacheslav Vladimirovich Lecturer of the Department of Criminology, Kuban State Agrarian University named after I.T. Trubilin 350044, Russia, Krasnodar Territory, Krasnodar, Kalinina str., 13, room 030 Slava.Frolov.84@mail.ru Other publications by this author

According to Article 2 of Federal Law No. 149-FZ of 27.07.2006 (as amended on 05.12.2022) "On Information, Information technologies and Information Protection", information technologies (hereinafter referred to as IT) – processes, methods of searching, collecting, storing, processing, providing, distributing information and ways of implementing such processes and methods ^[1]. IT is now widely used when working with information in various fields of activity (economy, education, energy, etc.).

A high-quality investigation of a crime is impossible without the use of technical means and achievements in the field of IT ^[2]. IT in the investigation of crimes is a set of techniques and methods for collecting, processing, storing, presenting and using criminally significant information, using special means (computers, laptops, smartphones, software, computer networks, etc. ^[3]) aimed at making organizational, tactical and methodological decisions by the investigator with their subsequent implementation ensuring the achievement of the objectives of the investigation.

At the present stage of society's development, there is an intensive introduction of IT (basic and applied) in various fields of activity, including in the activities of crime detection and investigation, and there are not individual acts of IT implementation, but "complex construction of a digital system nationwide" ^{[4, p. 25]}. IT allows you to optimize crime investigation activities by increasing the efficiency of working with information (its search, collection, storage, processing, provision and use).

There are different points of view among scientists on the main directions of using IT in the investigation of crimes. The authors of the textbook "Digital Criminalistics" indicate the following areas of IT use in law enforcement agencies: 1) automated data processing systems; 2) automated information retrieval systems; 3) automated information and reference systems; 4) automated workstations; 5) automated control systems; 6) expert (information-analytical and recommending) systems ^{[4, p. 26]}. I.N. Yakovenko identifies six areas the use of computer technology in the investigation and disclosure of crimes: 1) automated control systems and automated workstations; 2) information and reference systems; 3) expert consulting systems; 4) calculation and analytical systems; 5) information training systems; 6) image processing programs ^{[5, p. 32]}. It should be noted the correlation of concepts: "computer technologies", "information technologies" and "digital technologies".  Digital technologies are technologies for collecting, storing, processing, searching, transmitting and presenting data in electronic form. Computer technology, as well as Information Technology (IT), is a generalized name for technologies responsible for storing, transmitting, processing, protecting and reproducing information using computers. Accordingly, these concepts are identical.

Agreeing with the indicated directions of using IT in the investigation, we will try to streamline and concretize them. As A.A. Rudykh rightly notes, "the task of digital technologies used in the activities of law enforcement agencies for the detection and investigation of crimes is to adapt existing basic algorithms for working with information to solve problems of criminalistic activity" ^{[6, p. 61]}. Therefore, in our proposed classification, we will take as a basis the components (aspects) of crime investigation activities (cognitive, certifying, organizational):

1) the use of IT for the search, detection, seizure and fixation of criminally significant information in the course of investigative actions and its preliminary investigation:

– digital technical means of finding traces of a crime. It should be noted here that the process of scientific and technological development has made it possible to increase the productivity and efficiency of traditional technical means (endoscope, GPR, gas analyzer, etc.) by upgrading them: a) equipping these devices with a screen (display), which allows you to visually monitor the implementation of search activities online; b) the availability of software, allowing you to adjust the settings of the technical means depending on the characteristics of the investigated situation, as well as to measure the detected traces (size, distance between objects, mass, etc.); c) immediate input of the detected data into a computer, smartphone, etc.;

– public IT technologies for finding orienting information about a person in open Internet resources;

– IT search for digital information (digital traces). These may include software and hardware-software technical means aimed at identifying and extracting this information from mobile phones, smartphones, handheld personal computers, personal computers, cloud services, etc. while overcoming their means of protection ^{[7, 8]}. For this purpose, hardware and software complexes are used: Cellebrite UFED, "MOBILE CRIMINALIST EXPERT PLUS", "MOBILE CRIMINALIST DESKTOP", etc.;

– currently, digital photo and video recording, as well as sound recording are most widely used to record traces and detected information, as well as the course of investigative actions;

– the use of speech-to-text conversion programs or transcribers (devices that significantly speed up the documentation of sound recordings and video recordings);

– adaptation and subsequent widespread use of "other technologies" for fixing investigative actions, operational investigative measures and expert research in the production process. Thus, the practice of investigation gradually includes the use of drones (UAVs) applicable for photographing the scene of some types of crimes ^[9], and the use of not only flying drones is noted, but also the possibility of using underwater drones in necessary situations ^[10]. Another promising direction is the means of three-dimensional shooting used to create three-dimensional panoramas and models of the scene of the incident, and are also used in expert activities ^{[11, 12]}. 

2) the use of IT for the search, detection, seizure and fixation of criminalistically significant information of operational investigative measures and its preliminary investigation during production. The quality of the investigation of a crime depends on its operational support. The use of IT in operational investigative activities will also be one of the promising areas. The IT listed above, used in the production of investigative actions for the search, detection, seizure and fixation of traces of a crime, are used as part of operational search activities for the purpose of searching, detecting and fixing orienting information.

3) the use of IT for the registration and search of criminally significant objects (international — records of the International Criminal Police Organization "Interpol" ^[13], federal ^[14], regional (service area of the republic, region, region), local (service area of the city and district (municipal) level):

– automated statistical, operational-reference, investigative, forensic, forensic accounting;

– multifunctional automated systems that have the function of registering and searching for criminally significant objects (hardware and software complex "Stream"; stationary hardware and software complex for automatic recognition of state registration plates of vehicles and fixing traffic violations "AvtoUragan VSM2"; hardware and software complex "Safe City", etc.);

– records that are not directly related to the investigation and disclosure of crimes, because they do not have the function of registering and searching for criminally significant objects). Such AIPS are used by various organizations and institutions for the qualitative implementation of their activities.

4) the use of IT to ensure departmental and interdepartmental interaction of law enforcement agencies, as well as remote production of investigative actions (interrogation, confrontation, identification). In 2012, the Concept of creating a unified system of information and analytical support for the activities of the Ministry of Internal Affairs of Russia was approved (ISOD - a set of automated information processing systems used in the Ministry of Internal Affairs of Russia, software and hardware complexes and complexes of software and hardware, communication and data transmission systems necessary for effective support of activities). The implementation of this project is carried out in stages, to date most of the work has been completed, plans for 2022-2023 are being implemented. In 2015, as part of the execution of the State Contract dated 03.12.2013 No. 0410/123, the Ministry of Communications and Mass Communications of the Russian Federation began creating a unified information and analytical system of the Investigative Committee of the Russian Federation (analogous to the ISOD of the Ministry of Internal Affairs of Russia).

The subsequent use of IT in the interdepartmental interaction of law enforcement agencies determines the unification of departmental information and analytical systems on a single information platform, as this is dictated by the goals and objectives of the activities of these bodies, which will significantly increase the quality of their work.

In addition, in accordance with Article 189.1 of the Code of Criminal Procedure of the Russian Federation (introduced by Federal Law No. 501-FZ of 30.12.2021), an investigator has the right to conduct an interrogation, confrontation, identification by using video conferencing systems of state bodies conducting a preliminary investigation, if technically possible, i.e. the possibility of remote investigative actions is allowed, and accordingly, the use of information and telecommunication technologies.

5) the use of IT in forensic expertise; IT has been used in forensic expertise for more than 50 years ^{[15, 48-49]}. It is carried out in the following directions:

– IT used to automate the collection and processing of experimental data obtained during physico-chemical, soil science, biological and other studies by chromatography, mass spectrometry, ultraviolet, infrared spectroscopy, X-ray spectral, X-ray diffraction, atomic spectral and other types of analysis;

– creation of data banks and automated information retrieval systems (AIPS) for specific objects of expertise, using IT to accumulate, process large amounts of information and issue relevant data upon request; 

– IT, applied image analysis when conducting expert studies of handwriting, fingerprinting, tracological, ballistic, portrait to solve identification and diagnostic tasks;

– the use of IT in conducting examinations (fire-technical, explosive, automotive, etc.) to perform calculations according to formulas for modeling the conditions of the phenomenon under study;

– the use of IT decision support in the judicial system not only to automate research, but also expert opinion.

As scientists rightly point out, the digitalization processes in forensic activities have given a new impetus to the development of directions for the use of artificial intelligence IT systems (software complexes for automated solutions of expert tasks) ^[1].

6) the use of IT in the organization and planning of investigations, organizational and tactical support for the production of investigative actions and in the methods of investigation of certain types and groups of crimes. A.P. Syrovov and A.M. Larin in the 1970s. a network method of investigation planning was developed and proposed for use. In practice, this method was practically not dreamed of, because the process of its implementation was complicated, took a lot of time. At the same time, a program of actions of the investigative team was developed and applied, traveling to the scene of various types of crimes ^{[16, p. 48]}. In the future, L.G. Vidonov, N.A. Selivanov, L.A. Soy-Serko, A.A. Eisman and many other forensic scientists were engaged in programming the activities of the crime investigator, its automation through the use of computer technology. So, N.A. Selivanov conducted an analysis and generalization of investigative practice in the investigation of murders, conducted coding of the result obtained. The result of the work done was the publication of the conducted research in the collections "Investigative Practice". Using this information, investigators were able to find forensic recommendations on the murders they were investigating, finding a similar investigative situation in the handbook, i.e. practitioners "received factual justification for making a decision in the form of experience of a similar investigation" (IT decision support) ^[17]. In fact, the conducted research has established that the main elements of the organization, planning and methodology of crime investigation can be typified and presented in the form of programs and algorithms.

The development of information technologies and their integration into the investigator's activities, as well as the research of forensic scientists, allow us to take a step from the information and reference software package "Automated workplace of the investigator" (ARM "Pre-trial proceedings"), which optimized the investigator's activities for documenting, recording information during the investigation of crimes, to the creation and active use of AIS in the form of automated methods of investigation of certain types of crimes ^[18], including: up-to-date information about the elements of the criminalistic characteristics of the crime (a typical computer model of the crime); a list of circumstances to be established during the investigation of this type or group of crimes; typical investigative situations of the initial stage of the investigation; standard investigative versions; algorithms of investigative, verification, organizational and preparatory procedural and other actions carried out in specific investigative situations for their resolution, etc.) and representing automated information systems to support the investigator's decision-making: on the organization and planning of the investigation as a whole, as well as investigative actions and tactical operations carried out within the framework of this investigation; on the tactics of investigative actions; investigation methodology. AIS data can be implemented on the basis of stationary hardware and software complexes, as well as on smartphones and applications.       

Thus, the main directions of using IT in the investigation and disclosure of crimes are:

4) the use of IT for the search, detection, seizure and fixation of criminally significant information in the course of investigative actions and its preliminary investigation;

5) the use of IT for the search, detection, seizure and fixation of criminalistically significant information of operational investigative measures and its preliminary investigation during production;

6) the use of IT for the registration and search of criminalistically significant objects (automated statistical, operational-reference, investigative, forensic, expert-forensic records; multifunctional automated systems that have the function of registration and search of criminalistically significant objects; records that are not directly related to the investigation and disclosure of crimes, because in they lack the function of registration and search of criminally significant objects);

7) the use of IT to ensure departmental and interdepartmental interaction of law enforcement agencies, as well as remote production of investigative actions (interrogation, confrontation, identification);

8) the use of IT in forensic activities;

9) the use of IT in the organization and planning of investigations, organizational and tactical support for the production of investigative actions and in the methods of investigation of certain types and groups of crimes.   

It should be stated that there is a wide range of IT applications in the investigation and disclosure of crimes, while it is necessary to note the obstacles (legal, organizational, technical, etc.) that slow down this process:

– insufficient equipment of the territorial divisions of law enforcement agencies with appropriate equipment (the level of penetration of digital technologies into jurisprudence is no more than 30%, and the share of available online legal services does not exceed 4-5%; mobile automated control systems are not widely used in practice, official publications of the internal affairs bodies do not contain information about their widespread introduction ^[19]); the surveys conducted by the author of the investigators of the investigative bodies of the Krasnodar Territory showed that more than 50% of their personal computers are not equipped with specialized software);

– a small number of studies on the applied use of IT in investigative activities (most scientific papers relate to the use of IT in forensic activities ^[6]);

– insufficient regulation of the use of IT in the Criminal Procedure Code of the Russian Federation within the framework of the investigation, as well as insufficient development of issues of organization and methodology of their application (a small amount of scientific and practical recommendations on the effective use of IT by the subjects of the investigation);

Taking into account the fact that the process of IT development will continue at a rapid pace, the following tasks will need to be carried out:

– to unify the conceptual apparatus in this field of knowledge;

– to formalize the use of IT in working with evidentiary information during its search, detection, seizure, fixation and research ^[21];

– implementation of professional training of lawyers, taking into account their active use in their professional activities, including investigative, IT and scientific and technical means. A modern law enforcement officer should fully know the conceptual apparatus of this area, as well as have the ability to apply IT in their professional activities;

– development of an "Electronic criminal case" (transition to recording investigative actions, drawing up other documents in electronic form; development of a convenient and reliable method of certifying electronic documents; ensuring the possibility of remote movement of criminal case materials between the investigative body, the body of inquiry, the prosecutor's office and the court within the framework and scope of the preliminary investigation; implementation of the possibility of remote access to materials of the criminal case of other participants in the investigation (victim, suspect, etc.) within the framework and scope provided for by the Code of Criminal Procedure of the Russian Federation). For example, we are developing a hardware and software complex that allows for detection, inspection, preliminary investigation, fixation of traces and the situation of a traffic accident during an inspection of the scene of the accident, as well as other investigative actions. The basis of the software and hardware complex (central unit) of a PC (laptop or tablet computer) contains software for processing information coming from forensic equipment attached to it: a digital camera, compass, high-precision positioning device, rangefinder, electron microscope and electronic magnifier, UV emitter, temperature measuring device, endoscope, etc. The central device itself contains a hardware and software unit: a program for the formation of a protocol for the inspection of the scene of incidents and other investigative actions, as well as the creation of other documents (protocols, resolutions, requests, etc.); a program for drawing up a schematic diagram of the scene; programs to ensure the operation of the attached forensic equipment; reference legal systems; automated information and logical system for the organization, planning and methods of investigation of road accidents; a program for compiling a subjective photo-composite portrait, etc.; it is also planned to implement the possibility of prompt access to forensic records (operational reference, search, reference and auxiliary) through telecommunication technologies. The following method of certification of familiarization with the protocol of inspection of the scene is proposed. The generated file "Protocol of inspection of the scene of the incident" is signed by all participants of this investigative action through specialized software for drafting procedural documents, including the function of a word processor, with the augmented function "Signature". The signature function is carried out in combination with photo, video, audio fixation and the use of a stylus (digital pen). When the "Signature" function is pressed, the participant of the inspection of the scene must bring his face to the camera to give his full name (microphone recording works) and sign with a stylus. Thus, triple authentication takes place (image, voice, signature with a stylus). The adoption of this method of certifying familiarization with the protocol of the investigative action, as indicated above, will require making appropriate changes to the Code of Criminal Procedure of the Russian Federation.