On November 15, 2024, the 17th issue of Criminal Defense Semi-Monthly Talk “Big Data Criminal Investigation and Lawyer Practice Risk Prevention” was successfully held by the Criminal Department of King&Capital Law Firm. This activity was organized by King&Capital Criminal Department II lawyer, former police officer of Beijing Municipal Public Security Bureau, Huang Kai, Qianxin Group gold medal lecturer, network security technology expert Kang Le. Mr. Zhang Chunxi, consultant of Criminal Department II of King&Capital, former judge of Criminal Division of Supreme People's Court, Mr. Liu Jihui, lawyer of Criminal Department II of King&Capital, former police officer of Beijing Municipal Public Security Bureau, Mr. Liu Lijie, senior partner of King&Capital, partner-in-charge of Criminal Department II, shared their views as the guest speakers, and Mr. Zhang Pengpeng, director of Business Management Department, presided over the event.
Huang Kai
Mr. Huang Kai introduced the development of big data investigation technology and its important role in changing the formation mode of criminal cases, the way of obtaining information and the concept of investigation and handling of cases in the light of the synergistic development of big data technology and the concept of investigation and means of the public security organs, and realized the investigation mode from the traditional “backtracking” to “early-warning”. “Early warning type” of major changes. Huang Kai lawyers believe that the development of big data technology has moved the public security organs investigation mode and even the overall transformation of the guiding concept, from passive crime solving to active early warning, from the fight against criminal offenses to crime prevention and help the comprehensive management of society, from the means of handling their own to intelligence, investigation, technology integration of the fight against criminal offenses of the new mechanism of the development of the direction of the public security investigation work of the big data technology to help.
Kang Le
Mr. Kang Le introduced the topic from the basic concept of network security, and introduced the world network security situation and the construction of relevant domestic laws and regulations to the audience. Mr. Kang Le believes that it is a critical period for network security technology and industry to upgrade in all aspects, and that the “Shock Net Virus” incident, the power outage in Ukraine, Hillary's “Emailgate”, the “Eternal Blue The “Shocknet virus” incident, the Ukraine power outage, Hillary's “mailgate”, “Eternal Blue” and other network security incidents that have stirred the world over the years are all evidence of the importance of sound network security mechanisms and improve supporting laws and regulations. In the process of closely integrating big data technology with police work, the same security and convenient scenario-based use should be taken as the key development direction, and we should strive to maximize the role of big data technology in assisting police work while taking into account the security of the system.
Zhang Chunxi
“The public security organs to carry out big data investigation is of great significance to the prevention and combating of crimes in today's information network era, and Internet enterprises should actively fulfill their social responsibility and vigorously cooperate with such work. However, it should also be seen that the public security organs of the big data investigation needs are all-round, pay attention to the time limit, and enterprises must also adhere to the principle of compliant operation and honest service. Enterprises in accordance with the law, reasonable handling of user data, and cooperate with the public security investigation and evidence collection between there are still some need to grind perfect.” Zhang Chunxi consultant based on mastering the cloud of data on the Internet enterprise perspective pointed out that the Internet company should be in the era of big data actively practicing the prevention of combating crime and social responsibility, in the legal compliance with the premise of handling user data to strengthen the exchange and cooperation with the judicial authorities, in accordance with the anti-fraud law and other relevant laws and regulations required to timely push the clues of illegal and criminal. At the same time, at the legislative and law enforcement levels, the corresponding rules for data flow should also be established and improved, so that big data can play a broader and more targeted role in preventing and combating crimes.
Liu Jihui
“In law evidence science, there is a famous law called Rocca's law, the core meaning is that where there is contact, traces must be left.” Liu Jihui lawyers believe that the Internet has a significant feature, that is, all the operations of people on the Internet, browsing, changing, deleting, etc. will be faithfully recorded, the formation of big data. This feature and Rocca's law has natural applicability. The analysis and research of the huge amount of data will not only help the public security organs to combat and prevent crime, but also create a larger space for lawyers to excavate evidence in favor of their clients.
Liu Lijie
Lawyer Liu Lijie takes three personally handled cases as examples and proposes that lawyers should also be good at using big data to carry out defense work in the context of big data investigation. According to Liu Lijie, for the electronic data directly used as the basis of the case, the irregularities in the procedures of collection, extraction and preservation should be effectively defended, and for the indirect electronic data used to presume or prove the facts of the case, attention should be paid to the existence of counter-evidence. With the continuous development of big data, artificial intelligence, advanced technology will not only be used for investigation, accusation and other judicial activities, but also become the hands of criminals “sharp weapon”, the standard practice of lawyers will also have a certain impact on the criminal defense lawyers as a member of the legal community, should be “good, do right”. Act properly, do right”, do a good job of their own practice risk prevention, safe, long for the rule of law cause to continue to contribute.
