Published a law allowing businessmen to copy information from seized computers, evidence.
President of the Russian Federation V.V. Putin signed a law allowing businessmen to copy information from computers and flash cards seized during a criminal investigation, posted on the portal for official publication of legal acts.
The Federal Law of July 28, 2012 No. 143-FZ “ On Amendments to the Criminal Procedure Code of the Russian Federation ” was adopted by the State Duma on July 3 and approved by the Federation Council on July 18, 2012.
According to the explanatory note, these amendments to the Code of Criminal Procedure are designed to “ provide additional protection for the rights of entrepreneurs and solve the problem of continuing the activities of economic entities in the event of withdrawal of electronic media during the investigation of criminal cases ”.
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According to the law, firstly, the carriers must return if they have not been recognized as material evidence. Secondly, it is possible to return the evidence before the completion of the investigation - “ after inspection and other necessary investigative actions are taken, if this is possible without prejudice to the evidence ”.
Thirdly, the storage of electronic material evidence should exclude unauthorized access to information on them. And finally, in the fourth, in case of impossibility of returning the carriers, the owners are allowed to copy information from them, including during the search or seizure.
However, the law contains a provision stating that the investigator will be able to reject applications for copying information if “ this prevents the investigation of a crime ” or “ causes loss or alteration of information ”.
The Federal Law of July 28, 2012 No. 143-FZ “ On Amendments to the Criminal Procedure Code of the Russian Federation ” was adopted by the State Duma on July 3 and approved by the Federation Council on July 18, 2012.
According to the explanatory note, these amendments to the Code of Criminal Procedure are designed to “ provide additional protection for the rights of entrepreneurs and solve the problem of continuing the activities of economic entities in the event of withdrawal of electronic media during the investigation of criminal cases ”.
')
According to the law, firstly, the carriers must return if they have not been recognized as material evidence. Secondly, it is possible to return the evidence before the completion of the investigation - “ after inspection and other necessary investigative actions are taken, if this is possible without prejudice to the evidence ”.
Thirdly, the storage of electronic material evidence should exclude unauthorized access to information on them. And finally, in the fourth, in case of impossibility of returning the carriers, the owners are allowed to copy information from them, including during the search or seizure.
However, the law contains a provision stating that the investigator will be able to reject applications for copying information if “ this prevents the investigation of a crime ” or “ causes loss or alteration of information ”.
Source: https://habr.com/ru/post/148787/
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