Shavkat Mirziyoyev signed a law on working with digital evidence on November 21. The document has been published on Lex.uz.
Amendments related to digital evidence are being introduced into the Criminal Procedure Code and other codes. These amendments clarify the definition of digital evidence and outline the procedures for their collection, presentation, fixation, examination, study, evaluation, storage, return, and destruction.
Digital evidence is understood as "electronic data containing information about circumstances relevant to the case." This includes electronic documents, audio and video recordings, information from the Internet,
etc.
The collection of digital evidence can be carried out via the Internet and other networks, as well as through the examination of devices. Citizens and officials have the right to voluntarily provide electronic data to law enforcement agencies and the court.
The seizure and search of personal electronic data must be conducted solely on the basis of law and a court decision. Data obtained during a seizure or search without the involvement of a specialist are considered inadmissible evidence.
Digital evidence may be transferred by copying between electronic media, provided that their integrity is maintained. The admissibility of a copy of digital evidence is ensured by the existence of the original from which it was made, and it is certified during the examination of the primary medium.
Participants in the case may present copies of digital evidence printed on paper. However, these cannot be considered written evidence in criminal proceedings and in civil and economic cases only if notarized.
The Civil Procedure Code stipulates the obligation to present digital evidence to the court along with the carriers. If this is not possible, the court must be notified with reasons specified.
A similar requirement was initially planned to be included in the Criminal Procedure Code. However, it was removed during the third reading in the Legislative Chamber.
How the law was adopted
The draft law related to digital evidence was first considered in 2022. At that time, the deputies rejected it in the second reading, sending it for revision. The same decision was made in November 2023.
The revised draft law passed its third reading on August 28. The Chairman of the Committee on Innovative Development, Information Policy, and Information Technologies, Ilkhom Abdullayev, noted that the law was revised taking into account all comments.
The Senate approved the law on digital evidence in October. According to the upper chamber of the Oliy Majlis, the document aims to improve the legal system of the country and enhance Uzbekistan's standing in international rankings.
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