PROCEDURAL FRAMEWORK FOR THE USE OF 3D MODELING TECHNOLOGIES IN UKRAINIAN CRIMINAL PROCEEDINGS

Abstract

The article is devoted to outlining the procedural framework and formulating a specific algorithm for the use of 3D modeling technologies during the conduct of procedural actions in criminal proceedings. The author substantiates that the current criminal procedural legislation does not contain provisions that would restrict the application of 3D modeling technologies for recording and examining forensically significant (potentially evidentiary) information in criminal proceedings. Amendments to Part 7 of Article 236, Part 7 of Article 237, and Part 5 of Article 240 of the Criminal Procedure Code of Ukraine are proposed in order to regulate the possibility of using advanced scientific and technical tools during relevant procedural actions.
It is demonstrated that 3D scanners, as high-precision measuring instruments, do not require mandatory certification, periodic verification, or other control measures for their use in criminal justice. It is emphasized that scientific and technical tools of 3D modeling are used at the discretion of the subject conducting the procedural action. The article predicts the practical necessity of applying 3D technologies for recording certain categories of forensically significant objects in the near future and recommends involving 3D-modeling specialists in the conduct of such actions.
A procedural algorithm for using 3D modeling tools during procedural actions is constructed. It includes informing participants of the action about the use of a scientific and technical tool, documenting the process and results of its use in the protocol, and preparing and attaching the relevant supplementary materials. It is argued that, if the outlined algorithm is observed, objective 3D models (produced through 3D scanning) will possess evidentiary value, whereas subjective 3D models (created through 3D reconstruction) may possess evidentiary or orientational value.
The article underscores the prospects of developing concrete practice-oriented recommendations regarding the specific features of using 3D modeling technologies during the conduct of particular investigative (search) actions.