Skip to main content
editor@theusajournals.com | Oscar Publishing Services Journal Home

International Journal of Law And Criminology

Peer Reviewed | Open Access | E-ISSN: 2771-2214
Published Article

The Procedure for Pre-Trial Examination of Evidence in The Anglo-Saxon Legal System and Its Significance for National Legislation

The Procedure for Pre-Trial Examination of Evidence in The Anglo-Saxon Legal System and Its Significance for National Legislation

  • Jorabekov Tohirjon Mamurjon ugli
    Lecturer at the Department of Criminal Procedure Law, Academy of the Ministry of Internal Affairs of the Republic of Uzbekistan (independent researcher), captain
Examination of evidence pre-trial proceedings reasonable line of enquiry

The article provides a comparative legal analysis of the experience of the states of the Anglo-Saxon legal system — the United States, England and Wales, Canada, Australia and New Zealand — in the examination of evidence in pre-trial proceedings. The criterion of comparison is not the presence of the term in the law, but the legal function of the rule in re-testing evidence. Proposals are formulated on the equal coverage of reasonable lines of enquiry, the registration of case materials and the documentation of the result of examination.

Criminal Procedure Code of the Republic of Uzbekistan, Arts. 85, 94. National Database of Legislation. URL: https://lex.uz/docs/111460

Saidov A. Kh. Comparative Law (Principal Legal Systems of the Present Day) / ed. V. A. Tumanov. – Moscow: Yurist, 2000. – P. 36–37.

Kulmatov Sh. A. Criminal Procedural Obligations and Liability for Their Non-Performance: DSc dissertation. – Tashkent, 2019. – P. 115.

Gordeev S. N. Organisation of the Search Work of Law Enforcement Bodies (Foreign Experience) // Journal of Foreign Legislation and Comparative Law. – 2016. – No. 3. – P. 136–141.

Nazhimov M. K., Hayitboev F. P. Principal Legal Systems of the Present Day. – Tashkent, 2011. – 285 p.

Criminal Procedure of Russia and European States / ed. by S. P. Shcherba. – Moscow: Prospekt, 2023. – P. 112–133.

Federal Rules of Criminal Procedure, Rule 16 “Discovery and Inspection”. United States Courts.

U.S. Department of Justice. Justice Manual, § 9-5.001 “Policy Regarding Disclosure of Exculpatory and Impeachment Information”.

Federal Rules of Evidence, Rule 901 “Authenticating or Identifying Evidence”. United States Courts.

Criminal Procedure and Investigations Act 1996; Code of Practice under s. 23(1), para. 3.5.

Crown Prosecution Service. Disclosure Manual, Chapter 5 “Reasonable Lines of Enquiry and Third Parties”.

College of Policing. Authorised Professional Practice: Investigative Interviewing (PEACE framework).

Public Prosecution Service of Canada. Deskbook, Guideline 2.5.

Department of Justice Canada. Report on Disclosure in Criminal Cases.

Commonwealth Director of Public Prosecutions. Statement on Disclosure (2024).

Commonwealth Director of Public Prosecutions. Prosecution Policy.

Criminal Disclosure Act 2008 (New Zealand), ss. 12–19, 32–34.