IN BRIEF

In Myanmar, the law enforcement agencies and the courts have the duties and responsibilities to manage and preserve the evidence for criminal cases. Police force is responsibilities for investigating and authority to seize the evidence.

After seizing the evidence, police officer shall report to the judge and the judge may pass a judgement to deliver to the person who has a right to hold the evidence in possession or to maintain and preserve the evidence in accordance with section 523 of the Criminal Procedure Code. When the Judge pass a judgement to maintain and preserve the evidence at the police station, the police officer shall abide the articles of Myanmar Polices Force Manuals. When the prosecution is start, the court bailiff has the duties and responsibilities to maintain and preserve the evidence under the Court Manuel. Most of the evidence which have been maintained and preserved are perish and depreciate because of the lack of the space and much of the burdens to maintain and preserve.

To reduce burdens, the President Office was issued directive no 4/2020 to maintain and preserve the evidence during investigation and trial for criminal offences. In 28th December 2024, the Managing and Preservation of Evidence Law was enacted. According to the law, the evidence which are from anti-money laundering offences, transitional offences and other offences designated by the notification of Union Government shall be managed and preserved under the authority of Committee of Managing and Preservation the Evidence. The intentions of The Management and Preservation of the Evidence Law are to manage and preserve the perishable and depreciable evidence during the investigations and trials and to systematically manage and preserve the evidence from destruction and loss by natural disasters and human.

KEY TAKEAWAYS

A. Formation of Committees and Their Duties

To implement the Management and Preservation of Evidence Law, committees and office are necessary to form. The Central Committee is responsible to establishing various Evidence Management and Preservation committee at the Divisions, States, Union Territory, Self-Administrated Divisions or States and Districts in accordance with the sections set out in Chapter 4 of the Law. The Central Committee has the authority to set the policy, coordinate with relevant government departments and organizations. Managing land and other immovable property inconformity with the direction of the Union Government that have been forfeited and direct the Divisional, State, or Union Territory Evidence Management and Preservation Committee to auction off the movable property which has been forfeited under relevant law are also duties and responsibilities of Central Committee. As outline in section 8, Divisional, State or Union Territory Evidence Management and Preservation Committees approve to deliver the evidence with a bond and vest the duty to the recipient with the approval of the Central Committee which is submitted by sub-subordinate committee and set a timeframe for difficult to transport evidence. Delivering immovable or movable evidence or animals to the person with a bond or recipient with the approval of the relevant superior committee, auctioning perishable evidence to cover depreciation before prosecution by the order of the court and preserving the money from the auction in the account of the relevant Evidence Management and Preservation Committee and conducting in conformity with the court judgment after trial are the responsibilities of the Self-Administered Division and State or District Evidence Management and Preservation Committee. The Evidence Management and Preservation offices are necessary to from as a fundamental office for committees. The offices have to from at the Self-Administered Divisions and States or Districts and the Ministry of Home Affairs shall negotiate with relevant government departments or organizations. A police officer who is not lower than the inspector rank shall be appointed as in charge to manage and preserve the evidence and that officer has to follow the duties and responsibilities which are set by Self-Administered Division and State or District Evidence Management and Preservation Committee.

B. Role and Responsibilities of Law Enforcement Agencies

To implement this law, law enforcement agencies play in the critical role. In Chapter (6) of the law, evidence types, attach document lists and the procedures to transfer or submit the evidence to the office and court are prescribe. When the narcotics drugs and controlled substances, other chemical substances, arms or explosive substances are evidence, the law enforcement agencies shall abide the direction of the Central Committee as out lined in section 3(a) of the law. For the perishable and moveable properties evidence that are worth over 10 million MMK, they shall be transferred within 48 hours to the nearest evidence management and preservation office. Immoveable properties that are difficult to transport should be transferred within the timeframe which is set by the relevant committee. In section 14 of the law, following documents such as photos of every single evidence which is taken from all sides or outside and inside of the vehicles or machines or buildings, a preliminary examination and the search form or the list of seized properties and the documents from the examination of experts should attach when transfer to the evidence management and preservation office. This law prescribes a section 15 that relate with the submission methods of the evidence for the law enforcement agencies when prosecuting at the court. The Evidence which are not difficult to preserve or gold, silver, jewels or other precious evidence should be submitted alongside with the case. And the documents of difficult to transport evidence type that showing how the evidence is manage or preserve by the relevant evidence management and preservation committee will be enough to submit.

C. Maintaining and preservation the Evidence by Management and Preservation Office

Before the prosecution, The Self-Administrated Division and State or District Evidence Management and Preservation Committee shall manage and maintain the evidence in following ways in accordance with the section 16 of the law, as transfer by the law enforcement agencies.

  • Shall maintain the evidence at the relevant police station which is not difficult to maintain and trivial.
  • Shall deposit at the relevant Myanmar Commercial Banks in accordance with the stipulations when the evidence includes business documents related with bank, important documents, gold, silver, jewels and precious things.
  • Shall transfer to the relevant government departments or organizations when the evidence is related to the government.
  • Shall maintain and preserve the evidence at the evidence management and preservation office if the evidence is moveable property.D. Managing the Evidence

The court may order the auction of perishable or depreciating evidence before prosecution. Under Chapter 43 of the Criminal Procedure Code, it has the authority to forfeit evidence when the accused is absconding. If a property owner is absent for two years after a warrant is issued, the court may forfeit the property under Section 88(7) of Criminal Procedure Code and decline redelivery under Section 89 of Criminal Procedure Code. The court must notify the relevant committee after passing a judgment to forfeit the evidence during or after the trial. The relevant committee handles perishable and depreciable evidence unless otherwise ordered. Divisional, State, or Union Territory Evidence Management Committees may manage such evidence per legal stipulations. For non-land assets, evidence may be auctioned or transferred to government bodies after the appeal or revision period. Managing land or immovable property by Central Committee require direction from the Union Government. Auction proceeds must be deposited into the relevant Regional, State, or Union Territory fund. The law also covers evidence redelivery to rightful owners or destruction by court order. Recipients must cover preservation costs. If destruction is ordered, the committee must follow legal procedures and obtain superior committee approval.

E. Prohibitions and Punishments

In chapter 10 and 11 of the Management and Preservation of Evidence Law, the prohibitions and punishment sections detail the penalties for whoever violate or omit to abide by the law or any stipulations prescribe in rules, regulations, by-laws, notifications, orders, directives and procedures which are issued in accordance with Management and Preservation of Evidence Law. Anyone responsible for managing evidence including recipients or those executing bonds shall not tamper, forge or misuse evidence and violators will be punished with imprisonment of three to five years and a fine of fifty million to one hundred million kyats. Any person who has a duty to maintain and preserve the evidence is failure to comply the any stipulations which are prescribed in rules, regulations, by-laws, notifications, orders, directives and procedures issued in accordance with Management and Preservation of Evidence Law will be punished with imprisonment of up to three years or a fine of 10 million to 50 million or both. This law also contains strictly punishment for committing theft or destruction the evidence. If any person commits the theft or destruction the evidence which are maintain by the evidence management and preservation office or committee, that person will be punish with imprisonment of five years to seven years and a fine of fifty million to one hundred million kyats.

CONCLUSION

The enactment of the Management and Preservation of Evidence Law has significantly reduced the burden on courts to maintain and preserve evidence. This system promotes high transparency to the public, ensures that evidence is not depreciated, and facilitates prompt auctioning. While the law primary focus on anti-money laundering and transitional offenses, its efficiency could be further strengthened if the Union Government issues notifications to extend its applicability to other offenses.

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