RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE REPUBLIC OF UZBEKISTAN

of December 13, 2012 No. 17

About some questions of application of the legislation on physical evidences on criminal cases

Due to the questions which arose in court practice connected using the legislation on physical evidences on criminal cases and for the purpose of elimination of the shortcomings allowed by courts, being guided by article 17 of the Law "About Courts", the Plenum of the Supreme Court of the Republic of Uzbekistan decides:

1. Draw the attention of bodies of inquiry, pretrial investigation and courts to need of strict observance of regulations of the criminal procedure law on physical, written and digital evidences on each criminal case.

2. In sense of articles 203 and 211 Codes of Criminal Procedure physical evidences any objects having physical signs or tags which can serve as means of establishment of the circumstances important for establishment of the truth on criminal case are recognized.

Physical evidences, in particular, are recognized:

a) the crime instrument - the objects recognized by proofs specially intended made or adapted for preparation or crime execution and also property, objects (for example, murder tools, objects by means of which plunder or occupancy is committed by values, firearms, poaching tools - traps, networks, the false document, etc.), and also the property (for example, vehicles) used directly in the course of crime execution for achievement of criminal objective";

b) objects which kept on themselves traces of crime (for example, clothes with the traces of blood or damages which arose in the course of crime execution, objects, including with the fire or formed as a result of explosion damages, traces of fingers, hands, legs, footwear, transport, breaking tools, etc.);

c) objects which were objects of criminal acts (for example, the stolen car, the stolen money, securities, weapon, drugs, other material values, things etc.;

d) the property, money and other values acquired after making of criminal acts on the means acquired in the criminal way (for example, the expensive objects purchased on the stolen money, cash, raw materials and products from precious metals and stones, other valuable things acquired as a result of criminal activities, in particular, in case of occupation by illegal entrepreneurship).

3. It must be kept in mind that methods of receipt of physical evidences are strictly regulated in the law. According to article 205 Code of Criminal Procedure material, written and digital the evidence can be obtained by the official of the body performing investigation verification, the investigator, the investigator, the prosecutor or court (in case of inspection of the scene or other places, rooms, and also technical means, networks of telecommunication or the world information Internet, presentation for identification, survey, exhumation of corpse, withdrawal of samples for expert research, verification of the indication on site, productions of dredging, search or experiment) or can be provided to the official of the body performing investigation verification, to the investigator, the investigator, the prosecutor or court by the defender or other persons (citizens, officials of the companies, organizations, organizations) according to the procedure, provided by Articles 198 - 202 Codes of Criminal Procedure.

4. Explain that the objects found, withdrawn in case of production of investigation verification, inquiry or investigative actions or accepted from other persons acquire value of the physical, written and digital evidence, only after making of the following legal proceedings:

registrations (creation of the protocol or reflection in the protocol of judicial session) the fact of detection, withdrawal or receipt of the objects, documents and electronic data important on case;

immediate survey by the rules provided by Articles 135 - 137, 139 and 140 Codes of Criminal Procedure, for the purpose of establishment of the signs allowing to draw conclusion on relevancy of objects, documents and electronic data, to case and necessary for their individualization;

pronouncement of the resolution (determination) on recognition of objects, documents and electronic data physical, written and digital evidence and its familiarizing with case in quality of the physical evidence.

Objects, documents and electronic the data withdrawn in accordance with the established procedure by bodies of investigation verification, inquiry or pretrial investigation and important for establishment of the truth on case, but not recognized by physical, written and digital evidences shall be acknowledged as physical evidences court according to article 207 Code of Criminal Procedure and are attached to criminal case.

5. Considering importance of physical evidences for the correct permission of criminal case, bodies of investigation verification, inquiry, pretrial investigation, the prosecutor, court shall take the measures for the prevention of loss, damage, spoil, mutually touch or mixing of physical, written and digital evidences provided by articles 208, of 209 Codes of Criminal Procedure.

At the same time it is necessary to be guided strictly also by Regulations on procedure for withdrawal, realization or destruction of the property which is subject to the address to the income of the state, the approved resolution of the Cabinet of Ministers of the Republic of Uzbekistan of July 15, 2009 No. 200 and the Instruction about procedure for withdrawal, accounting, storage, transfer, realization, return, destruction of physical, written and digital evidences, material values and other property during inquiry, the pretrial and court investigation registered by the Ministry of Justice of the Republic of Uzbekistan on December 29, 2010 No. 2174.

6. Physical, written and digital evidences are stored to the introduction of sentence in legal force or before the expiration of appeal of determination or the resolution on the termination of criminal case. At the same time, owing to requirements of part one of article 210 Code of Criminal Procedure after accomplishment of necessary legal proceedings the investigator, the investigator, the prosecutor, court shall make the decision on urgent return on accessory of some physical evidences, in particular, of the perishable objects, objects necessary in daily life, livestock, bird and other animals needing leaving (except as specified, provided by part two of this Article).

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