Jul 2026· Analytical and Comparative Jurisprudence· Vol 3, pp. 484-489· 0 citations
Abstract
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.
Problem. In the context of active reformation of criminal procedural legislation and growing legal nihilism,
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Introduction: this article examines the question of whether the rule prohibiting reliance on witness testimony should be classified as a rule of procedural or substantive law (Item 3 of Article 162 of the Civil Code of the Russian Federation). Purpose: to explore the potential of various approaches to determining the l...
A. Kostin· Вестник Пермского университе...· 0 citations
This study examines the legal avenues under international law for holding the North Korean leadership, particularly the incumbent Head of State, individually criminally responsible for international crimes. To this end, it develops a four-step analytical framework consisting of (1) attribution of criminal responsibilit...
Seoeun Lee· Center for Public Interest &...· 0 citations
Extended asset confiscation is a controversial institute of modern criminal law and an important instrument in combating financial crime. It enables the confiscation of property presumed to derive from criminal activity, even without a direct connection to the specific offense for which the perpetrator was convicted. T...
Vladeta Boričić, Strahinja Milovanović, Aleksandar Rajković· Oditor· 0 citations
Underlying the research for the purposes of this book were one basic assumption: transposing legal articles to behavioral norms, suitable in given circumstances and capable of resolving a problem, in this case from the realm of criminal law is difficult. This difficulty pertains not only to citizens, who cannot avail t...
This article examines current normative concepts regarding evidence, which are the primary means of proof in
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S. B. Rossinsky· Russian investigator· 0 citations
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