SCIENCE AND INNOVATION IN THE
EDUCATION SYSTEM
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PROCEDURAL STATUS OF MEDIA REPORTS AS A SOURCE OF
ELECTRONIC EVIDENCE
I.A.Matjanov
Associate Professor of Karakalpak State University
https://doi.org/10.5281/zenodo.15174134
After the investigator or inquiry officer conducting the criminal case
formalizes the information about the crimes, it can be used in the process of
proof if it contains the details of the crime and provides grounds for making a
decision. This situation reflects the concept of criminal information through the
prism of process and result.
According to A.A. Tushev and N.A. Nazarov on these situations, the law
recognizes the establishment of circumstances that must be proven not as a
result, but as a process. This means that the activities of the div or a specific
subject ensuring criminal proceedings, aimed at obtaining certain information
that can subsequently be used as evidence in the case, should be duly
documented in the materials of the criminal case . Of course, here the concept of
information is combined with the concept of evidence arising from it as a
reference, and the process of obtaining information should be reflected in
procedural documents. This procedure must fully comply with procedural
legislation.
The available information on criminal cases must be thoroughly verified.
Because information doesn't always indicate the presence of truth in it. In this
regard, according to A.G. Bogomolova, in the course of criminal proceedings,
information is provided by witnesses and witnesses to the crime, as well as
citizens who have information about the crime. The investigator must always
remember that every piece of information must be verified. For example, certain
information may be reported by the perpetrator himself or by other persons
connected with him, but in certain cases their purpose may be to mislead the
investigator, provide false information, or lead the investigation astray .
Subsequently, the author notes that the obtained information should also
be verified through procedural and operational-search activities. Verification of
information about crimes through operational-search activities should be
carried out more often. This is due to the fact that most information is obtained
by non-procedural (operational) means, which always requires additional
verification. The investigator does not have the opportunity to verify all
information about the crime only in the procedural order. In such cases,
operational personnel have sufficient capabilities to implement messages and
information provided by the mass media .
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Here, the scholar's highlighting of information provided by the media
among information about crimes is explained by the fact that the process of
providing information about crimes by the media is rapidly growing. It is the
information that the media presents or broadcasts that requires prompt,
immediate verification. It is no secret that even if the competent authority,
which is supposed to react to this category of information, is delayed by one day,
this situation will negatively affect its reputation.
The 21st century is the age of information. In this period, the factor closely
related to data is electronic, more precisely, factors related to data transmission,
distribution, storage, reception, and transfer. Therefore, when analyzing the
concept of data, it is necessary to pay attention to the concept of electronic data.
Because at present, a huge part of the information available in criminal
proceedings is electronic and related to electronic media. Furthermore, the
development of electronic means facilitates the collection and recording of
information related to criminal cases.
Although the concept of electronic evidence in criminal proceedings is not
mentioned until 2024, part one of Article 914 of the Criminal Procedure Code of
the Republic of Uzbekistan provides for a procedural procedure for recording
the process and results of an investigative action conducted via videoconference,
with a protocol drawn up on the appropriate means of electronic data storage.
This procedure is one of the few procedural rules indicating that electronic data
can be used as evidence.
In other cases, electronic information in criminal proceedings: a) appeals
against procedural actions and decisions and documents attached thereto may
be sent to the court in the form of an electronic document; b) in necessary cases,
electronic means of surveillance may be applied to a person subjected to a
preventive measure in the form of house arrest; c) electronic or other sources
storing audio and video recordings during the court hearing are attached to the
minutes of the court session, in which a note is made about the use of these
means; d) persons who have filed an appeal are sent copies of the appeal,
protest, or a notification that persons can familiarize themselves with their
electronic copies through the Internet resource of the court that issued the
sentence; d) a copy of the complaint, protest is sent to the convicted person, the
acquitted person, their defense counsel, legal representative, the victim or their
representative, as well as to the civil claimant, the civil defendant or their
representatives, or a notification is sent about the possibility of familiarization
with their electronic copies through the Internet resource of the court of
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cassation; e) regulates organizational and procedural issues regarding the
sending of a court decision to state bailiffs in the form of an electronic document
on individual issues.
In criminal proceedings, the presumption of innocence also plays a
significant role. This principle must be observed in media information. The
media and journalists are not participants in the process and do not have
procedural rights and obligations. Consequently, there are no legal grounds for
demanding that media outlets and journalists adhere to the presumption of
innocence principle. The legislation, in turn, contains norms and requirements
for the activities of the media and journalists in covering court proceedings .
Thus, according to the Resolution of the Plenum of the Supreme Court "On
Ensuring the Openness of Court Proceedings and the Right to Receive
Information on the Activities of Courts," it is established that the media are not
entitled only to "predetermine the results of court proceedings on a specific case
or otherwise influence (pressure) the court," and "a judge is not entitled to give
an interview or to speak in the mass media on a case on which a court decision
has not entered into legal force."
The court warns mass media representatives about the responsibility for
the correctness, truthfulness, objectivity, and reliability of the disseminated
information, which is recorded in the court record. In case of refusal to satisfy
the petition for photographing, video recording, or broadcasting, a reasoned
ruling must be issued and entered into the court record.
In addition, mass media reports are one of the grounds for initiating
criminal proceedings. According to Article 327 of the Criminal Procedure Code
of the Republic of Uzbekistan: "Reports about specific crimes in the press, on
radio and television, in documentary films, as well as in unpublished
correspondence addressed to the mass media, serve as grounds for initiating
criminal proceedings." The Criminal Procedure Code grants the media the right
to publish reports about crimes, which also obligates the publication of
information about the perpetrators.
