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.;

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