Article 159 A decision or order to seize or search states that the search shall be carried out on the basis of a decision of the inquiry officer or investigator or a court ruling, in which case they have the right to seize or hand over the search to the inquiry body or investigator. The search warrant or order must specify where and to whom the search is to take place, and what items or documents are to be found and confiscated.
Article 160 Persons present at the time of the search (Article 160) argues that the search will be conducted by witnesses, experts and interpreters, if necessary.
The search must be attended by the person conducting the search or at least one of his or her adult family members.
If it is not possible to ensure their participation, a representative of the relevant government or citizens' self-government body will be invited.
Seizures or searches of buildings of enterprises, institutions, organizations, military units are carried out in the presence of their representatives.
Searchers, attesting witnesses, experts, representatives of enterprises, institutions, organizations, military units must be explained before the search or seizure their right to be present during all actions of the inquiry officer or investigator and to complain about such actions. Such a statement must be included in the statement.
The search shall be carried out with the sanction of the prosecutor upon the reasoned decision of the inquiry officer or investigator. In urgent cases, the search may be carried out without the sanction of the prosecutor, but in this case the prosecutor shall be notified of the search within twenty-four hours. Urgent cases must be substantiated in a notification sent by the inquiry officer or investigator to the prosecutor. A copy of the notification will be attached to the case.
Accommodation for the purpose of searching for items and documents relevant to the case in accordance with the decision or order of the inquiry officer or investigator to seize or search
7-case
On March 18, 2019, in Uychi district, Namangan region, there was an area of land where there was a 3 hectare abandoned building. The auction was held by the district administration and other officials on the condition of organizing business activities on 4 hectares of land for those wishing to engage in entrepreneurship, and this land was put up for auction. More than 20 limited liability companies participated in the auction. However, none of these limited liability companies won the right to own the land at auction. According to the operative information, 4 hectares of land were seized by the district hokim and other officials in exchange for a large bribe paid by Ulugbek LLC for half the price set at the auction.
Give forensic analysis of the situation! Explain what needs to be done in this situation! Plan an investigation to uncover a crime and reflect on typical-investigative situations!
Before proceeding to the analysis of the above problem case given to us, it is expedient to discuss several problematic situations in the case we have presented in sequence.
First of all, in this case, we will find a quick solution to our problem if we make a forensic assessment of the case in terms of the case before moving on to the investigation of the crime in the case.
Secondly, after a forensic assessment, it is necessary to talk about the organization of the investigation, its versions, plans, typical situations.
Before moving on to the forensic description of our case, first of all, the crime in this case is bribery, and bribery is always associated with the abuse of office by an official for his own malicious purposes, and in many cases secretly, occurs without witnesses. The usual scheme of communication between the subjects of bribery is as follows: the bribe-giver is a bribe-taker, and sometimes the bribe-giver is an intermediary-bribe-taker. The situation in this case is like a bribe-taker. There are various ways to cover up the crime in this type of crime: “gift”, “lending”, hiring an employee to the staff of the enterprise, and paying wages or financial incentives, and so on.
Let's continue with the criminological description of bribery. It should be noted that the consequences of bribery are not always material. However, in some cases, the fingerprints of persons involved in the crime remain in the object of bribery, and sometimes other traces of bribery are preserved (checks, labels, money, securities, items, personal records of criminals, etc.). . In this case, too, the defendants' fingerprints may have been left in an envelope or money.
Criminological description is related to the following typical cases of crime: a) bribery in connection with illegal actions in the interests of the bribe-giver;
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