President of Uzbekistan Shavkat Mirziyoyev on 21 November signed a law recognizing digital evidence as equivalent to physical evidence and documents in legal proceedings.
The document had undergone revisions twice before its approval. Earlier versions were rejected in June 2022 and November 2023. The law was finally adopted by the Legislative Chamber on 27 August and approved by the Senate on 24 October.
“The widespread occurrence of crimes and violations of citizens' and organizations' rights and legal interests in the digital sphere necessitates the institutionalization of digital evidence and the establishment of legal frameworks for their use,” the preamble to the law states.
The law amends the Criminal Procedure Code, Civil and Economic Procedure Code, and the Code of Administrative Responsibility.
Additionally, changes have been made to laws governing notarial activities, arbitration courts and judicial expertise. These amendments provide regulations for the examination and authentication of digital evidence.
The law defines electronic data and digital evidence as follows:
Electronic data: Information created, processed and stored using electronic devices, information systems and technologies. Individuals involved in a case — including witnesses, victims, suspects, defendants and others — may submit electronic data by transferring them from one electronic medium to another.
Submitted electronic data is reviewed by the investigating officer, investigator, prosecutor or court, in the presence of a specialist, after examining the original medium containing the data. Data obtained during investigative procedures without the involvement of a specialist are deemed inadmissible as evidence.
Electronic media containing data irrelevant to the case must be promptly returned to their rightful owners.
Digital evidence: Electronic data that contains information pertinent to a case, such as electronic files, audio and video recordings, internet-based information and other forms of electronic data.
The law stipulates that digital evidence can be copied only if its integrity and authenticity are ensured. Copies are admissible only if the originals from which they were made are available.
Participants in legal proceedings may submit digital evidence in paper form, but such copies will not be regarded as written evidence.
Digital evidence can be sourced from technical devices, telecommunications networks and the internet. It is used to establish facts and circumstances relevant to the case.
