PART IV
EVIDENCE, ACTIONS TO PROVE

CHAPTER ELEVEN
EVIDENCE

Article 86. Physical Evidence and Its Storage

86.1. Arms and tools used in committing a crime, traces and remaining articles of a crime, or money,
valuables, other items and documents obtained through criminal actions, and all other items which may influence discovery of a crime, establishment of objective circumstances of a crime, or significant in negation or mitigation of guilt of a suspect, accused or defendant shall constitute physical evidence.

86.2. Physical evidence must be described in detail in the records of a crime scene examination, shall
be photographed and video taped and attached to the file of the case by decision of an inquiry officer, investigator, procurator or court.

86.3. If it is not possible to store a physical evidence in the file of a criminal case, due to its size or
other reasons, it shall be sealed after being photographed and video taped and be stored in a special place according to rules set by law and by decree of an inquiry officer, investigator, procurator, or court, and a document certifying this shall be attached to the file of the case.

86.4. When a case is transferred from one agency to another, an if it is not possible to store a
physical evidence in the file of the case, due to its size or other reasons, it shall be stored, until the court decision, according to rules set by law and a document certifying this shall be attached to the file of the case.


Article 87. Term for Storing Physical Evidence

87.1. Physical evidence shall be stored until a court decision takes legal effect or until a term for
appealing a decree or ruling to terminate a case expires.

87.2. If a dispute concerning the right to a property should be resolved through civil proceedings, a
physical evidence shall be stored the court decision takes legal effect.

87.3. In circumstances when it is not possible to return to an owner a physical evidence that rapidly
deteriorates or gets damaged, it shall be delivered to appropriate institutions to be utilized in accordance with its purpose and the owner shall be compensated with articles of the same kind and duality or shall be paid its value.


Article 88. Measures to Be Taken in Respect of Physical Evidence When Resolving a Criminal Case

88.1. When a procurator issue a decree to terminate a case or when a court issue a sentencing or
acquitting decree, they shall resolve physical evidences in following ways:

88.1.1. Arms and tools used by an accused shall be seized and transferred to appropriate institutions or destroyed;

88.1.2. Assets, circulation of which is prohibited, shall be transferred to appropriate institutions or
destroyed;

88.1.3. Assets that are not possible to utilize shall be destroyed, but if interested persons or institutions request they may be given to them;

88.1.4. Revenues generated by criminal actions or other assets to be considered equally shall be
returned to their lawful owners, but if it is not possible to identify the owner, they shall be paid to the state revenue;

88.1.5. If a dispute concerning the ownership of assets arises it shall be resolved through civil
proceedings;

88.1.6. If a procurator has terminated a case according to grounds provided by Articles 24.2., 24.3. of this Law, the revenues generated by criminal actions or other assets to be considered equally shall be resolved by a court decision.

88.1.7. Documents constituting physical evidence shall remain with the file of the case during the whole term of storage of the file or may be returned to its lawful owners while a copy is attached to the file.


Article 89. Records of Procedural Actions

89.1. Records which certify circumstances and facts established during a examination, search,
experiment, seizure of assets, arrest, or presentation for identification and which were made in accordance with the rules set by this Law shall constitute the source of evidence.


Article 90. Documents

90.1. If documents certified or developed by business entities, organizations, or citizens have
significance for a criminal case they shall constitute the source of evidence.

90.2. If a document has features provided in Article 86 of this Law, it shall be considered an
evidence.

90.3. Audio or video recording and a photo obtained or produced as provided in Article 93 of this Law
shall be considered to be a document.