Law of Evidence at Turkmenistan
In Turkmenistan, the Law of Evidence is primarily governed by the Code of Criminal Procedure and the Arbitration Procedure Code, which outline the rules for the collection, evaluation, and admissibility of evidence in criminal and civil proceedings, respectively.
Criminal Procedure: Code of Criminal Procedure
The Code of Criminal Procedure of Turkmenistan establishes the framework for evidence in criminal cases. Key provisions include:
Article 124: Defines evidence as any legally obtained data used to establish facts pertinent to the case, including testimonies, expert opinions, physical evidence, and documents. (Machine Translation of "The Code Of Criminal Procedure Of Turkmenistan" (Turkmenistan))
Article 125: Specifies circumstances under which evidence is inadmissible, such as when obtained through violence, threats, deception, or other illegal acts, or if the rights of participants in the criminal process are violated. (Machine Translation of "The Code Of Criminal Procedure Of Turkmenistan" (Turkmenistan))
Article 126: Outlines the circumstances to be proven in a criminal case, including the event and circumstances of the offense, the identity of the perpetrator, guilt, motives, and consequences. (Machine Translation of "The Code Of Criminal Procedure Of Turkmenistan" (Turkmenistan))
Article 129: Discusses expert opinions, stating that they should be submitted in writing and are not binding on the court but must be considered. (Machine Translation of "The Code Of Criminal Procedure Of Turkmenistan" (Turkmenistan))
Article 130: Covers exhibits, which are objects and documents that serve as instruments of a crime or have been subjected to criminal acts, and outlines their handling and storage. (Machine Translation of "The Code Of Criminal Procedure Of Turkmenistan" (Turkmenistan))
Article 136: Mandates that evidence be evaluated based on a comprehensive, full, and objective consideration of all circumstances of the case and the evidence as a whole, in accordance with the law. (Machine Translation of "The Code Of Criminal Procedure Of Turkmenistan" (Turkmenistan))
Civil Procedure: Arbitration Procedure Code
The Arbitration Procedure Code governs civil disputes and includes provisions on evidence: (Machine Translation of "Arbitration Procedure Code Of Turkmenistan" (Turkmenistan))
Article 46: Defines evidence as any data on the basis of which the court establishes the presence or absence of circumstances justifying the claims and objections of the parties. (Machine Translation of "Arbitration Procedure Code Of Turkmenistan" (Turkmenistan))
Article 47: States that each party must prove the circumstances to which it refers as the basis of their claims and objections. (Machine Translation of "Arbitration Procedure Code Of Turkmenistan" (Turkmenistan))
Article 48: Specifies that the court in its decision is based solely on the evidence relevant to the case. (Machine Translation of "Arbitration Procedure Code Of Turkmenistan" (Turkmenistan))
Article 49: Outlines grounds for exemption from proving certain facts, as established by law. (Machine Translation of "Arbitration Procedure Code Of Turkmenistan" (Turkmenistan))
Electronic Evidence
In 2020, Turkmenistan enacted the Law on Electronic Documents, Electronic Document Management, and Digital Services, granting legal force to electronic documents. This law allows electronic documents to be notarized and used as evidence in court, enhancing the efficiency of public administration and legal proceedings. (New law of Turkmenistan defined the legal force of electronic documents)
RELATED Blog
0 comments