The Expanding Contours of DNA Testing: A Critical Analysis of Evolving Jurisprudence

OSINT in criminal proceedings: current issues of foreign legal doctrine

The article examines the legal nature of open-source intelligence (OSINT) in criminal procedure and the problem of the admissibility of materials obtained in this way as evidence in foreign legal doctrine. The relevance of the topic stems from the fact that social media and internet communication have become a source that, according to certain estimates, accounts for up to 80-90 percent of all intelligence activity carried out by Western law enforcement and intelligence agencies, while existing procedural codes largely lack specific regulation for the collection, fixation, and verification of such information. The author proceeds from the premise that OSINT requires differentiation on at least two levels – as a tool of operational orientation (intelligence) and as a source for building an evidentiary basis (evidence) – since these two categories of material are subject to fundamentally different standards of legal assessment. The article analyzes theoretical approaches to distinguishing the concepts of «information», «intelligence data», and «evidence» in the context of materials obtained from open sources, as well as methodologies proposed in foreign doctrine for applying digital forensics standards to open-source investigations. Technological solutions based on blockchain, designed to ensure the integrity, authenticity, and verifiability of the provenance of images and video materials obtained from social media, are examined. The article further explores the practice of the International Criminal Court regarding the use of open sources in the investigation of international crimes, as well as the governance, ethical, legal, and social implications (GELSI) arising from the use of artificial intelligence technologies for the automated analysis of OSINT materials. It is concluded that existing international digital forensics standards can and should be adapted to the specificity of open sources, but that this adaptation requires the development of a unified methodology for metadata fixation, chain of custody, and independent verification of material provenance. The article proposes a set of criteria for distinguishing the lawful from the unlawful use of OSINT materials as evidence in criminal proceedings.

The Principle of Legal Certainty in Criminal Legislation as a Pillar of the Legality of Crimes and Punishments

This study examines and analyzes the “Principle of Legal Certainty in Criminal Text” as an indispensable substantive pillar for activating the principle of legality of crimes and punishments in contemporary legal systems. The research problem stems from the reality of legislative practice, which frequently falls into the trap of using vague and elastic formulations under the pretext of combating evolving crimes. This vagueness destroys legal certainty, deprives individuals of the predictability of criminal behavior, and implicitly shifts the de facto power of incrimination from the legislator to the judge. To address this issue, the study adopts an analytical-rooting approach, supported by critical and comparative methods. The study concludes that the clarity of the penal text is a constitutional requirement for its validity, and the absence of certainty fatally undermines fair trial guarantees. Accordingly, the research recommends that the legislator commit to surgical precision in drafting, institutionalize introductory definition chapters in newly enacted laws, and activate preventive constitutional review to purify the penal system from ambiguity and vagueness.

Legal Analysis of the Regulation of Criminal Sanctions for Ordinary Theft According to the National Criminal Code Based on Justice Values

Examining the Jurisprudential Grounds of Pre-Trial Detention with a Comparative Approach in Iranian and French Law

Pre-trial detention, as one of the most severe preventive measures in criminal proceedings, lies at the intersection between maintaining public security and safeguarding individual rights and the presumption of innocence. With the increasing complexity of crimes and the heightened risks associated with releasing the accused prior to judgment, the legitimacy of this institution in both jurisprudence and statutory law has become the subject of growing debate. This study aims to examine the legitimacy of pre-trial detention within Imami jurisprudence and to compare it with the legal systems of Iran and France. The research employs a descriptive–analytical method based on library sources. The findings—through the analysis of Qurʾanic and hadith-based evidence, jurisprudential principles, statutory provisions, and legal doctrine—indicate that pre-trial detention is an exceptional measure governed by the principles of necessity, proportionality, temporal limitation, and judicial supervision. Nevertheless, the French legal system demonstrates a more coherent structure in this regard. Consequently, revising certain provisions of Iranian law is essential to strengthen the rights of the accused and ensure greater conformity with Islamic legal standards and the principles of criminal justice.

Freedom to Evaluate Evidence According to Inner Conviction: On the Issue of Legalization and the Anthropological Essence of the Concept of “Conscience” in Criminal Procedure

This article presents a comprehensive study of one of the most contentious and methodologically complex categories in criminal procedure law-the concept of «conscience» as employed by the legislator in Part 1 of Article 17 of the Criminal Procedure Code of the Russian Federation to characterize the basis for the evaluation of evidence. The aim of the work is to theoretically overcome the doctrinal ambiguity and practical vagueness of this concept by developing its legal, functional-legal definition, which integrates insights from the philosophy of law, ethics, and procedural science. The author proposes an original concept that interprets «conscience» as a specific procedural-legal model for decision-making, synthesizing legal consciousness, professional experience, rational analysis, and moral responsibility. On this basis, the fundamental untenability and inadmissibility of replacing a judge or prosecutor with artificial intelligence, which lacks these qualities and, consequently, «conscience» as a legal category, are argued. As a key legislative conclusion, the author develops and substantiates a proposal to supplement Article 5 of the Criminal Procedure Code of the Russian Federation with a legal definition of «conscience», designed to operationalize this concept and reinforce the anthropocentric foundation of criminal justice

THE DUAL NATURE OF FREE EVALUATION OF EVIDENCE: AN ABSOLUTE PRINCIPLE AND ITS LIMITED IMPLEMENTATION IN INVESTIGATIVE PRACTICE

The article provides a comprehensive analysis of one of the central principles of criminal procedure – the free evaluation of evidence. The authors examine in detail the deep-seated antinomy inherent in this legal phenomenon: on the one hand, the principle provides the investigator with the necessary scope for professional discretion based on inner conviction; on the other hand, this discretion is strictly limited by a system of legal, institutional, and ethical frameworks that form the “contours of legality.” The paper consistently reveals the theoretical essence of the principle, draws comparative legal distinctions in its application at the pre-trial and judicial stages, and systematizes a set of problematic aspects arising in investigative practice. Special attention is paid to contemporary challenges: the impact of digital technologies is critically examined, including the fundamental incompatibility of attempts to algorithmize evaluation with the nature of inner conviction; psychological factors such as cognitive biases and professional deformation (“tunnel vision”) are analyzed; the role of multi-level procedural control (prosecutorial supervision, judicial instances) as an external filter correcting subjectivism is assessed. The authors substantiate the thesis of the dualistic nature of the principle under study, which, being an absolute methodological imperative for understanding the circumstances of the case, is implemented within a strictly delineated legal field designed to guarantee the legality, validity, and fairness of all procedural decisions taken.