Philosophy of transformation of evidence in the development of new technologies: international aspect

Modern society is developing actively. It undergoes different changes, including in the process of technological and technical progress, which dictates the necessity of taking into account modern realities in the implementation of rights. Nevertheless, the law is currently quite conservative in its development in terms of the speed of its adaptation to new conditions or the demands of society. If we review, for example, the criminal process, then proof, as one of its institutions, is at the core, that is, the part that is stable and theoretically worked out sufficiently fully. That is why it is difficult to make changes in evidence as an institution of criminal proceedings. This article is directly related to the analysis of the prospects for the transformation of evidence in terms of digitalization on the example of the International Criminal Court (hereinafter — the ICC), which embodied the best practices of the countries of both Anglo-Saxon and Continental legal traditions in its model of criminal justice. In order to make a fair verdict, the ICC uses evidence that was gathered during the investigation. But what if “evidence” was discovered in a digital form? Does the ICC consider such “evidence” to be admissible and relevant? Today there are many new digital entities. These include blockchains, virtual money, cryptocurrencies, tokens, and so on. The specificity of new digital entities is that they have no material expression and are absolutely virtual in nature. That is why the need for doctrinal reflection arises — will the proof process change in this case? After all, some modern digital entities today are used not only for legal purposes, which in turn leads to the need to find ways of fixing illegal actions using modern technologies. Analysis of the problems on the example of the ICC will allow to formulate the prospects for the transformation of evidence at the national level.