Notification of participants in criminal proceedings through modern technical means of communication
Procedural independence of notification, its nonidentity to summons procedure are substantiated. Insufficient procedural regulation of the notice is stated. Departmental legal acts providing the notice are mentioned. The issue of notification of participants in the proceedings by means of SMS messages and the scientists' opinions concerning such notification is touched upon. The author's version of the article regulating notification of participants in criminal proceedings, consisting of six parts, is proposed. The first part fixes the duty of court, prosecutor, investigator and inquiry body to notify participants in criminal proceedings. The second part provides notification method (post or other communication, providing the recipient's fixed notification). Notification by using technical means of communication is permitted only with the consent of the notified and if he has the opportunity to be informed this way. The third part includes the required notification's elements: addressee, information reflecting the nature of notification, notification method, information about the sender. It's stated that in cases provided by the RF Criminal Procedure Code, the procedural documents' copies may be sent together with notification. The fourth part fixes the right of participants in criminal proceedings and other persons to be notified to specify the method of notification and other information necessary for their timely informing. The fifth part establishes that a legal person recognized as a victim, civil plaintiff or defendant shall be notified along with the claimed representative. The sixth part requires to specify in the criminal case's materials the information about the names and basic technical characteristics of the communication facilities which ensured notification.