Transformation of professional skills in the context of digitalization of criminal proceedings

The development and introduction of digital technologies is taking place everywhere, and this cannot but affect the transformation of legal skills, including in the field of criminal proceedings. Skill is the ability of an activity formed by repetition and brought to automatism. In the field of criminal justice, as a rule, the following groups of skills are distinguished: communicative (among them are the skills of interviewing and consulting), analytical (case analysis and developing a position on the case), document management skills, public speaking skills (speeches with an introductory statement and debates of the parties) ^[1,2]. But, obviously, absolutely any skill is based on knowledge. Therefore, it is impossible to talk about any activity without analyzing its theoretical basis. It is knowledge about new opportunities in the field of digital technologies that will allow an investigator, prosecutor, lawyer, judge to apply them in their work.

It is rightly noted in the legal literature that the introduction of digital technologies into the activities of both the preliminary investigation and the court becomes a natural stage in the development of the entire criminal proceedings ^[3]. In modern conditions, a lawyer should not just master the skills in their classical sense, but monitor the emergence of new digital opportunities that will allow the most effective application of these skills in practice. For example, not so long ago, the investigator drew up an indictment "by hand" or on a typewriter, and the lawyer made extracts from the materials of the criminal case. How these work skills have changed with the advent of computers, digital cameras and mobile phones is quite obvious.

To consider the issue of transformation of skills in the field of criminal justice, we conditionally divided them into 3 groups: a group of communication skills, the possibility of using digital technologies in case analysis and position development, as well as the possibility of document management in the conditions of digitalization and the use of digital technologies in the preparation of procedural documents. We propose to consider each group of skills from the point of view of new opportunities that have appeared with the development of digitalization and the introduction of which already facilitates the work of a lawyer. To do this, it is important to understand what opportunities are available.

Communication skills in the context of digitalization.

A lawyer's communication skills are understood as skills related to obtaining and transmitting legally relevant information. These traditionally include the skills of interviewing and consulting, which in criminal proceedings are more applied to the work of lawyers with defendants and victims in a criminal case.

Interviewing is a process of interaction between a lawyer and a non-lawyer, in which a lawyer seeks to obtain from a non-lawyer (hereinafter referred to as the principal) the information he needs to provide legal assistance. During the interviewing, the principal can provide information to the lawyer in a free form (in the form of a story about a problem he has) or in a question-and-answer form (a lawyer's question is the principal's answer). A combination of these two forms is also allowed (after the client's free story, the lawyer asks him clarifying and additional questions). The choice of the form of interviewing largely depends on the principal, his ability to freely present information. However, this does not exclude the fact that the lawyer can independently choose the format of communication with the principal (if, for example, it is more convenient for him to raise specific questions in order to identify the legal problem of the principal). As a result of the interview, the lawyer must receive from his client all legally relevant information that he will need in order to protect his rights and freedoms.

Consulting, in essence, is the reverse interaction of a lawyer with a principal, in which the lawyer, based on the information received from the principal, offers him options for solving the existing legal problem. If during the interview the lawyer receives information from his client for work, then during the consultation the lawyer provides the client with legal information about what needs to be done to solve his legal problem. The lawyer should offer the principal all possible (of course, legal) ways to solve the problem, point out the pros and cons of each of the proposed options, help the principal choose the most appropriate course of action for him, and also explain how to implement the chosen option. The most favorable outcome of the consultation is a full understanding by the principal of what and how he needs to do. However, this does not exclude the fact that it will take time for the principal to make a decision, after which he will come to the lawyer again for advice.

A few years ago, both interviewing and counseling traditionally took place in law firms at the place of work of lawyers (or, for example, in pre-trial detention centers where the accused was). Any person needed to come to an appointment (quite often by appointment) to get the advice he needed. However, with the development of information technology, the communication process between the lawyer and the principal has changed, has become simpler, more accessible and certainly convenient for both parties. Currently, it is not necessary to leave the house to establish contact with any person. Modern technologies allow you to communicate, including on professional topics, even being at a distance from the interlocutor.

For interviewing and advising clients, lawyers quite often use various kinds of gadgets: mobile phones, tablets, laptops and computers. Communication is carried out using both regular calls and through various messengers and applications. It is possible to make both audio (without visual contact with the principal) and video call (so that the principal and the lawyer can see each other); to exchange information, you can send audio and video messages, documents to each other. Communication is also established through Internet forums and e-mail.

In accordance with clause 12.1 "GOST R 56824-2015. National Standard of the Russian Federation. Intellectual property. The use of protected results of intellectual activity on the Internet" social Internet networks are understood as information systems that provide, among other things, the following opportunities: communicative (the ability to determine a list of other users for communication) and informational (the ability to exchange information, including through mass dissemination of information in the interests of an indefinite circle of persons for the purpose of broad public information, consulting and enlightenment). It follows from this provision that social networks can also be used to advise clients.

In the last few years, holograms have been used for remote communication. For example, in 2015, Nobel laureate and professor of physics at Stanford University Carl Wieman spoke at Nanyang Technological University (Singapore) without leaving the United States (using a created holographic image). In April 2017, the two largest operators Verizon (USA) and Korea Telecom (South Korea) made the first international holographic call using 5G technology. To make the call, holograms of the interlocutors were formed, which fully conveyed their emotions and gestures. The hologram of the interlocutor was reflected on the screen of the experimental device.

The American company Portl produces a special machine for "holoportation" — holographic calls. It is enough for the caller to stand on a white background in front of the smartphone. And to receive calls, a futuristic white box is used, similar to a magician's closet, or a refrigerator — a projection of a person appears inside this box. The "hologram of the caller" can communicate with the interlocutors in real time and see them using the camera installed in the box. Microsoft's holographic communication system is based on Hololens. In mixed reality glasses, the interlocutors appear to each other not as real projections of themselves, but as three-dimensional digital avatars. They can talk and interact with each other. Google in 2021 announced the Project Starline video chat, which will allow interlocutors to see each other as if at arm's length. A person sits down at a table with a vertically positioned screen, similar to a mirror, in which the three-dimensional image of the interlocutor is reflected. The main difference between Google technology is that the background of the display becomes transparent, creating the effect of a person's presence in the room ^[4]. Obviously, such technical capabilities can and should be used to implement the lawyer's communication skills.

To interview the principal, you can use web forms specially created for this purpose, which are analogous to a questionnaire or questionnaire. The web forms include the necessary fields to fill in for the client's survey, as well as lists and switches that allow him to select one or more items. The principals filling out the form may be asked to enter arbitrary data, choose from a list of options with the possibility of multiple or single selection, upload files. He will need to enter the necessary information in the appropriate field of the form, which the lawyer will receive and analyze in the future. This type of interviewing can be applied to simple legal problems and will enable both the principal and the lawyer to communicate in a certain form at a time convenient for both.

Chatbots are used to advise clients on simple issues. One of the first examples of a chatbot was the ELIZA program, which simulated communication with a psychotherapist. It was created by Professor Joseph Weizenbaum of the Massachusetts Institute of Technology in the mid-1960s. Using keywords, ELIZA answered typical user questions with simple open answers in accordance with the prescribed scenario.  

A chatbot is a program that simulates a real conversation with a user. Chatbots allow you to communicate via text or audio messages on websites, messengers, mobile apps or by phone. With the help of chatbots, lawyers can answer clients' questions at any time.

Chatbots can be developed based on artificial intelligence or based on certain pre-designed scenarios. Chatbots based on artificial intelligence learn to imitate real conversations and respond to oral or written requests, helping to find answers. Chatbots based on certain scenarios work only according to a limited number of algorithms (if the answer is A, then the behavior option is B). The use of chatbots is possible in different languages. In addition, they can be voice-activated, with built-in voice recognition systems when converting respondents' answers into text, which is necessary to eliminate barriers for visually impaired people or people with restrictions in using a computer and other gadgets ^[5].

The possibilities of using digital technologies in case analysis and position development.

The analysis of the case includes the identification and description of the actual circumstances of the case, the search for a legal basis and the systematization of evidence ^[1,2]. When analyzing a case in criminal proceedings, a lawyer always works with three blocks: work with legally significant facts, analysis of the legal qualification (assessment) of the case and analysis of evidence. The result of such work is the development of a position on the case.

The position on the case is a certain view of the actual circumstances, depending on the procedural role and function of the subject ^[2]. This is always a certain point of view on the circumstances of the case, due to the procedural role and interests of the party. The position on the case cannot be determined without analyzing the actual circumstances of the case. Since the analysis of the case consists of highlighting and describing the factual circumstances of the case, searching for a legal basis and working with evidence, then new digital opportunities within this skill can be considered in these three blocks.

Firstly, technological solutions can be attributed here: automated information retrieval systems. Secondly, the capabilities of artificial intelligence that can be used in the analysis of the circumstances of the case and the search for legal solutions. One should fully agree with the opinion that the use of artificial intelligence is possible only in those areas where the formalization of processes is possible and necessary ^[6], as well as with the fact that a machine used not as a substitute, but to help an investigator or judge, can greatly facilitate a person, for example, finding grounds for decision-making; offer the maximum possible set of options; supplement the analysis of the circumstances of the case by analyzing the materials of similar cases and their solutions, if they are available in the database, etc. ^[7]. Thirdly, with regard to working with evidence, we can talk about technical capabilities that help both find them and present them in court. For example, in an article devoted to computer programs for 3D visualization of a crime event, it is described how with the help of specialized forensic computer programs: Visual Statement FX3** (visual report); 3D EyeWitness*** (3D Eyewitness or 3D Witness Eyes); The Crime Zone (Cad Zone)**** (The place (space) of the crime) it is possible to create 2D and 3D information models of the crime event ^[8], which, as the author of the publication points out, will make it possible to consider the process of committing a crime from various points of observation by its witnesses and, accordingly, to verify, clarify and evaluate their testimony.

Since the development of a position is a technology aimed at developing a view of the actual circumstances of the case, which depend on the role, function of the subject, as well as the definition of the legal basis, artificial intelligence can offer various options for assessing such legal qualifications. In addition, the activity of a modern lawyer is impossible without working with reference legal systems. It is obvious that artificial intelligence will soon be able to carry out this part of the work and offer certain solutions to the lawyer, since both the investigator and the lawyer, working with the materials of the criminal case, must understand exactly what circumstances need to be established in a given situation. In this situation, search technologies can already help in the correct determination of both the factual circumstances of the case and the search for legal norms to be applied. So, for example, in the SPS "ConsultantPlus" there is a service "Special search for judicial practice", which searches for judicial acts by the text or fragment of the document, or simply by the description of the situation, as a result of which you can get a selection of court decisions that most correspond to the circumstances set out in the text, which is of great importance for the correct qualification of the case, as well as to understand exactly what circumstances are significant in a given situation.

Of course, digital technologies are also used in proving. For example, information stored electronically that is relevant to the case, as well as so-called electronic evidence. This is especially relevant when committing crimes on the Internet and cybercrimes, which differ in that they are committed in a certain virtual space through digital technology, digital language of influencing another object or interaction of participants in digital communication and joint actions ^{[9, p. 162]}. Obviously, in order to effectively investigate such crimes, an investigator must have skills in the field of IT technologies, be a so–called IT investigator ^{[9, p. 163]}. The possibility of electronic recording of investigative actions in the framework of further digitalization of criminal proceedings is also widely discussed. Already, Article 189.1 of the Criminal Procedure Code of the Russian Federation allows for interrogation, confrontation and identification by using video conferencing systems, which requires certain technical capabilities and skills. 

The use of digital technologies in the preparation of procedural documents.

Legal documents and document management are an integral part of criminal proceedings. Without the preparation of procedural documents, it is impossible to investigate and resolve a criminal case on the merits. Therefore, any lawyer working in criminal proceedings (investigator, prosecutor, lawyer, judge) inevitably faces the preparation and analysis of documents.

In accordance with Article 1 of Federal Law No. 77-FZ of 29.12.1994 "On Mandatory copies of documents", a document is a material carrier with information recorded on it in any form in the form of text, sound recordings, images and (or) a combination of them, which has details that allow it to be identified, and is intended for transmission to time and space for public use and storage. In criminal proceedings, as follows from the analysis of the norms of the Criminal Procedure Code of the Russian Federation, various kinds of documents are used: resolutions, definitions, sentences, statements, petitions, complaints, protocols, etc. Some of them are subject to requirements in form and content (for example, a sentence), some - only in content (appeals, cassation, supervisory complaints), some documents can be drawn up in any form (almost all petitions). Failure to comply with the requirements for the form and content of the document entails negative legal consequences (for example, the sentence may be overturned by a higher court; the appeal is returned to bring it into compliance with the requirements). Therefore, it is very important to know the requirements for procedural documents and comply with them when preparing these documents.

Previously, all documents were drawn up "by hand", then they began to be made with the help of typewriters, some time ago the preparation of documents using computer technology spread (the document can be printed on a computer, laptop, tablet, saved on this device, change it, send it to others, print, etc.). However, on this the technical process has not stopped.

Currently, for example, it is not necessary to type a document on the keyboard of a computer or laptop, because voice data entry has appeared, which allows you to convert speech into printed text using a microphone and a reliable Internet connection, which significantly speeds up the process of creating a document. This opportunity is provided, in particular, by Microsoft. During the creation of a Word document, a lawyer can try to type by voice, simply dictating the text without using the computer keyboard keys.

A lawyer's assistant in working with documents is Google Documents - a free online service for working with them. It is very similar to the Word text editor, while it is accessible from all devices available to the lawyer. In addition, it allows different lawyers to work with the same document, which is very useful when several lawyers work on the same case.

Some time ago, a lawyer had to prepare procedural documents on his own, quite often "from scratch". However, when it became possible to save documents on electronic media, the work was somewhat simplified, since it became possible to use previously created documents to prepare new ones (it was possible to copy some part of an already prepared document if the lawyer worked on a similar case and compiled a similar document, for example, a complaint to the prosecutor). Now various services offer so-called document designers, with which a lawyer can draw up documents in a very short time.

The document constructor is designed to generate a document from a template, depending on the specified conditions. Thanks to the document designer, you can create various forms of documents based on the necessary conditions. This makes it possible to unify all forms of documents by organizing a single database for storing templates of document components, and also speeds up the document preparation process. So, on the website delo-press.ru a new useful tool has appeared – the document designer. It already contains almost 200 samples of fully executed documents for various situations. Each document on the side contains a selection of articles and question-answers explaining the features of its compilation. You can download each document to your computer, open it in Word and change its data to your own ^[10]. Doczilla Pro Document Designer is a software platform for conducting the process of preparing electronic documentation using a text editor, a library of formulations and automating the stages of document text formation. Using the Doczilla Pro platform, you can quickly prepare documents in a built-in text editor; upload ready-made documents to a text editor; form the text of a document; fill out documents using a wording library; translate any type of legal documentation into an automated template format.

To prepare procedural documents, you can also use various forms of documents that are available, for example, in the SPS "ConsultantPlus". The forms are prepared for various conditions, they can also be downloaded to your computer or laptop and work with them on this device. The forms of documents are posted on the websites of courts, state authorities, legal entities, etc. They can be used both as a sample for writing your document, and as a ready-made template in which you need to enter your data. Cloud services can be used to store ready-made documents. Electronic documents appear and are being distributed.

According to Clause 11.1 of Article 2 of Federal Law No. 149-FZ of 27.07.2006 "On Information, Information Technologies and Information Protection", an electronic document is documented information presented in electronic form, that is, in a form suitable for human perception using electronic computers, as well as for transmission over information and telecommunication networks or processing in information systems.

The Plenum of the Supreme Court of the Russian Federation in its Resolution No. 57 dated December 26, 2017 "On some issues of the application of legislation Regulating the use of documents in electronic form in the activities of courts of general jurisdiction and arbitration courts" gives the concept of a document in electronic form – it is an electronic image of a document or an electronic document. At the same time, an electronic image of a document (an electronic copy of a document made on paper) means a copy of a document made on paper, certified with an electronic signature in accordance with the procedure established by the legislation of the Russian Federation, translated into electronic form using scanning means, and an electronic document means a document created in electronic form without prior documentation on paper a carrier signed with an electronic signature in accordance with the procedure established by the legislation of the Russian Federation. In addition to this Resolution, work with electronic documents is regulated by the "Procedure for submitting documents to the Supreme Court of the Russian Federation in electronic form, including in the form of an electronic document", approved by Order of the Chairman of the Supreme Court of the Russian Federation No. 46-P of 29.11.2016; Order of the Judicial Department at the Supreme Court of the Russian Federation No. 251 of 27.12.2016 "On approval of the Procedure submission of documents to federal courts of general jurisdiction in electronic form, including in the form of an electronic document"; Order of the Judicial Department at the Supreme Court of the Russian Federation dated 11.09.2017 No. 168 "On approval of the Procedure for submitting documents to magistrates in electronic form, including in the form of an electronic document".

The Code of Criminal Procedure of the Russian Federation provides for the submission of procedural documents to the court in the form of an electronic document. Thus, a petition, application, complaint or submission may be filed that does not contain information constituting a secret protected by federal law. The materials attached to them are also submitted electronically, including in the form of an electronic document. The petition, application, complaint, submission and the materials attached to them are submitted through the federal state information system "Unified Portal of State and Municipal Services (Functions)" (Unified Portal), or an information system defined by the Supreme Court of the Russian Federation, the Judicial Department at the Supreme Court of the Russian Federation, or electronic document management systems of participants in criminal proceedings using a single systems of interdepartmental electronic interaction.

A court decision may be made in the form of an electronic document, with the exception of a decision containing information that constitutes a secret protected by federal law, affecting the security of the state, the rights and legitimate interests of minors, decisions in cases of crimes against sexual integrity and sexual freedom of the individual. A copy of a court decision made in the form of an electronic document, at the request or with the consent of a participant in criminal proceedings, may be sent to him through a Single portal, or an information system determined by the Supreme Court of the Russian Federation, the Judicial Department at the Supreme Court of the Russian Federation, or electronic document management systems of participants in criminal proceedings using a single system of interdepartmental electronic interaction, provided that the possibility of their use by the specified person is not limited in connection with the preventive measure applied to him or the punishment imposed.

The use of an electronic document is also possible in pre-trial proceedings. In accordance with paragraph 10 of the Order of the Ministry of Internal Affairs of the Russian Federation dated 29.08.2014 No. 736 "On approval of the Instructions on the procedure for receiving, registering and Resolving in the territorial bodies of the Ministry of Internal Affairs of the Russian Federation statements and reports on crimes, administrative offenses, incidents" for receiving statements about crimes in electronic form sent via official websites (electronic applications), software is used that provides for mandatory filling in by the applicant of the details necessary to work with statements about crimes, administrative offenses, incidents. However, in the future, electronic statements are printed on paper, work is carried out with them as with written statements about crimes, in accordance with the procedure provided for in the specified Instructions (paragraph 11). In the form of an electronic document, information about decisions (actions) can be sent to the applicant (paragraph 70 of the Instruction).

In conclusion of the conducted research, I would like to note that some of the digital technologies considered have already become firmly established in the practice of lawyers working in criminal cases, some are just being introduced and are being distributed. Many technical features are not used at all yet, which is regrettable for practitioners. However, the legislator seeks to expand the technical component in the investigation and resolution of criminal cases. In particular, it is planned to fix in the Criminal Procedure Code of the Russian Federation the delivery of a copy of the indictment to the accused in the form of an electronic document; the submission of electronic petitions, applications, complaints and demands not only to the court, but also to the prosecutor, investigator, head of the investigative body, the body of inquiry and the inquirer, and some other points. And here it remains only to agree with the opinion of colleagues that the planned changes will simplify the process of filing documents, communication of participants in the proceedings, and also speed up the process of moving the case, reducing the time from the moment of the appeal to the decision ^[11].