Uzbekistan adopts landmark law on digital evidence
President Shavkat Mirziyoyev signed a landmark law on November 21 that formalizes the use of digital evidence in legal proceedings. The law, now published on Lex.uz, introduces significant amendments to the Criminal Procedure Code and other legal frameworks, outlining the processes for handling digital evidence.
Definition and scope
Digital evidence is defined as "electronic data containing information relevant to a case," including electronic documents, audio and video recordings, and internet-sourced information.
Collection and submission
- Digital evidence can be collected through the internet, other networks, or by examining devices.
- Citizens and officials may voluntarily submit electronic data to law enforcement and courts.
- Searches and seizures of personal electronic data are only permissible with court authorization.
Integrity and admissibility
- Digital evidence must retain its integrity during transfer between devices.
- Copies are admissible only when the original is verified, ensuring the authenticity of the copy.
- Data collected without a specialist during a search or seizure is inadmissible in court.
Civil and criminal proceedings
In civil and economic cases, parties are required to submit digital evidence along with the physical storage device. If unable to do so, they must notify the court with an explanation. However, a similar obligation for criminal cases, initially proposed, was excluded during legislative review.
Printed copies of digital evidence can be submitted in both civil and criminal proceedings, but in civil and economic cases, they are valid only if notarized.
The law's development began in 2022 but faced delays as lawmakers sought revisions. After several rounds of review, the law passed its third reading in the Legislative Chamber on August 28, 2023. Ilkhom Abdullaev, Chair of the Committee on Innovation Development and Information Technology, stated that the revisions incorporated all necessary feedback.
The Senate approved the law in October, emphasizing its role in enhancing Uzbekistan’s legal system and improving the country's standing in international rankings.
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