Issues of using media materials at the stage of initiating a criminal case

International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 10. Issue 11 October 2025 1 Issues of using media materials at the stage of initiating a criminal case Uzakov Shukhrat Sharapovich Honored Lawyer of the Republic of Uzbekistan, Doctor of Philosophy in Law Abstract: This article analyzes the issues of using media materials at the stage of initiating criminal proceedings. At the same time, the stage of initiating a criminal case signifies the beginning of criminal procedural activity. At this stage, applications and reports of crimes are accepted and verified by officials of the relevant authorities. It is at this stage that special attention is paid to the issues of decision-making by officials on the initiation or refusal to initiate criminal proceedings. Keywords: investigative body, mass media, cooperation, application, report, materials on the crime, stage of initiating a criminal case, grounds and reasons, human rights and freedoms. The stage of initiating a criminal case signifies the beginning of criminal procedural activity. At this stage, applications and reports of crimes are accepted and verified by officials of the relevant authorities. It is at this stage that officials make a decision to initiate or refuse to initiate criminal proceedings. In practice, there are many cases of concealing crimes, refusing to accept or register applications and reports, and initiating or refusing to initiate illegal criminal proceedings. The reasons for this can be various: corruption, increased statistics, red zone, insufficient knowledge of qualifications, lack of legal education of preventive or operational personnel, or other reasons. For this very reason, legal issues remain relevant at the stage of initiating criminal proceedings. This, in turn, plays an important role in protecting the rights and legitimate interests of the individual. International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 10. Issue 11 October 2025 2 By the 21st century, globalization, that is, technological progress, has given prosecution authorities the opportunity to quickly and fully solve crimes, identify the person who committed the crime, and give them appropriate punishment. The means of realizing these opportunities, that is, serving as a bridge ensuring the interconnectedness between society and the state, are the mass media. The emergence of the press played an important role in criminal proceedings. The press has become a tool for influencing public opinion and the development of the consciousness and sense of professional duty of officials, including those handling court cases. The main task of the press is to reflect, discuss, and evaluate socially significant events and phenomena, as well as to raise the legal awareness and culture of society. Each period solves certain problems. Since the interactions at different stages of the investigation have their own peculiarities, it is necessary to distinguish them from each other. Four distinct stages of interaction are distinguished: a) before initiating a criminal case; b) during the investigation process; c) after the completion of investigative actions; d) after the verdict enters into legal force. T.S. Simonov notes that the experience of using media materials to initiate criminal proceedings is important for the past, present, and future prospects. Press materials can serve as one of the grounds or reasons for initiating a criminal case. 1 Indeed, even today, reports from the mass media and distributed publications have become grounds for initiating criminal cases, and this has become widespread. T.S. Simonava also supports these views. According to him, it cannot be denied that media materials can be officially recognized as grounds for initiating criminal proceedings. 2 1 Симонова Т.С. Проверка повода и установление основания для возбуждения уголовного дела: дис. ... канд. юрид. наук. Барнаул, 2007. 2 Симонова Т.С. Проверка повода и установление основания для возбуждения уголовного дела: дис. ... канд. юрид. наук. Барнаул, 2007. 88-89 с. International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 10. Issue 11 October 2025 3 There are many opinions on the development or non-development of issues of interaction between the media and investigative bodies. Citing the reasons for the interaction of law enforcement agencies with the media or the refusal to appear in the mass media, V.T. Tomin notes that this is connected with "the desire of the law enforcement system to avoid social control". 3 Of course, agreeing with V.T. Tomin, it can be said that when law enforcement agencies cooperate with the media, it is frightening that their activities may be widely covered. Because the mass media often criticize law enforcement agencies for unprofessionalism, negligence, indifference, abuses, and focus on the smallest violations (often it seems that the mass media are deliberately looking for an excuse to expose the authorities once again in their obvious and self-invented mistakes). The negative aspects associated with the development of mass media did not fail to affect the activities of law enforcement agencies. There is truth in V.T. Tomin's opinion. Today, as can be seen from the materials circulating on social networks, there are indeed many shortcomings and mistakes made by law enforcement agencies. On the one hand, this is understandable, and on the other hand, it is necessary to remember that the prosecution authorities, especially in the sphere of operational-search activities, observe confidentiality. That is, operational-search measures, information about the official of the operational body, and other methods and means are confidential. Thus, according to Article 20 of the Law "On Operational-Investigative Activities," information about the forces, means, sources, methods, plans and results of operational-investigative activities, non-disclosed staff of bodies carrying out operational-investigative activities, and persons assisting these bodies on a confidential basis, as well as about the tactics of organizing and conducting operational-investigative activities, used or used in carrying out operationalinvestigative activities, constitutes a state secret and is subject to disclosure only on the 3 Томин В.Т. Острые углы уголовного судопроизводства. М., 1991. 177 с. International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 10. Issue 11 October 2025 4 basis of a decision approved by the head of the body carrying out operational-investigative activities, in cases and in the manner prescribed by law. 4 According to E.S. Kuzmenko, the increase in the number of mass media and the widespread introduction of the principle of freedom of speech have led to a decrease in trust in published materials, therefore many of the messages published in the mass media are associated with lies, slander, one-sided views, and someone's interests. Therefore, it is very difficult to determine which of the information disseminated by the media is true and which is true. 5 Moreover, one of the dangers is the rapid spread of information disseminated by the media around the world. A.N. Tyumensyev believes that the use of mass media by investigators is associated with: 1) the speed and breadth of delivering the necessary information to the population; 2) the ability to quickly change and supplement this information; 3) the presence of feedback with the population through the editorial offices of publishing houses or duty units of internal affairs bodies. Such use of mass media in a number of cases allows investigators: a) to quickly identify persons involved in the committed crime, to ensure their prompt search; b) to identify information about deceased or missing persons; c) to exert preventive influence on certain citizens; d) to form a positive opinion about the activities of investigative bodies; e) to eliminate false rumors about a particular fact, action, or incident. 6 Undoubtedly, the problem of effectively combating crimes, about which information is disseminated in the mass media, should be solved taking into account their growing influence on society. At the same time, law enforcement agencies are concerned about the 4 Ўзбекистон Республикаси 2012 йил 25 декабрдаги ЎРҚ-344-сонли “Тезкор-қидирув фаолияти тўғрисида”ги Қонуни. 5 Кузьменко Е.С. Система поводов к возбуждению уголовного дела: теоретический и прикладной аспекты: дис. ... канд. юрид. наук. Н. Новгород, 2007. 143 с. 6 Тюменцев А.Н. Организационно-правовые и тактические вопросы использования средств массовой информации при расследовании и профилактике преступлений: Дис. ... канд. юрид. наук. - Волгоград, 2000. 74 с. International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 10. Issue 11 October 2025 5 widespread dissemination of reports about crimes in the media. Because thousands of pieces of information can be disseminated in a single second, and due to the large workload of officials who are practically deprived of the opportunity to observe (see, listen) to all the large-scale information coming from the mass media, it is unlikely that they will actively respond to media reports. Article 321 of the Criminal Procedure Code stipulates that the prosecutor, investigator, inquiry officer, and official of the preinvestigation inquiry body are obligated, in each case where signs of a crime are detected, to identify the event of the crime, to expose the person or persons guilty of committing the crime, and to take measures stipulated by the Criminal Procedure Code. 7 This article is a clear and universal reason for initiating criminal prosecution. Consequently, in this case, when information about a crime is discovered in the media, law enforcement agencies must carry out criminal prosecution. Therefore, law enforcement agencies do not have the opportunity to monitor the entire complex of all world and local media simultaneously. Therefore, it is necessary to involve citizens in media monitoring. Every day, many people use the media. Indicating the name of the newspaper or other publication, the date of its publication, or the publication number, and, if the information is online, the website address, is sufficient for the relevant official to refer to the source and verify the information. If the information is truly valuable, benefits should be provided to citizens. The process of citizens submitting information to law enforcement agencies should be simplified as much as possible, both online and directly to officials. Combating crime is the common task of law enforcement agencies, the public, and the population. An investigator may and is obliged to obtain from the population important information about the crime they are investigating, the persons involved in its commission, and other important circumstances. It is advisable for the population to use mass media: 7 Ўзбекистон Республикасининг Жиноят-процессуал кодекси. – Т.: Ўзбекистон, 2025. International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 10. Issue 11 October 2025 6 press, radio, television to seek assistance from the investigator. At the same time, there are cases when a journalist, blogger, possessing information important for the investigation of a specific criminal case, cannot use it purposefully in their professional activities, including in solving and investigating crimes, for a number of objective reasons. Therefore, the investigator's interaction with the media contributes to solving the tasks facing him in the following areas: identifying and searching for persons suspected of committing a crime; detaining wanted persons; searching for the accused and their property, items, and documents related to the criminal case; identifying circumstances relevant to the case; identifying persons (victims and witnesses); preventing and controlling crimes; eliminating the causes and conditions that contributed to the commission of the crime; educating citizens in the spirit of respect for the law and responsibility. Interaction of the investigator with the media not only facilitates the detection and investigation of crimes, but also has a preventive and educational impact on citizens, allows for the effective resolution of issues of criminal procedure. Thus, we conclude that in the system of grounds available for initiating a criminal case based on media reports containing information about the signs of a crime, it is possible to initiate a criminal case under paragraph 3 of part 1 of Article 322 of the Criminal Procedure Code. References used: 1. Симонова Т.С. Проверка повода и установление основания для возбуждения уголовного дела: дис. ... канд. юрид. наук. Барнаул, 2007. 2. Симонова Т.С. Проверка повода и установление основания для возбуждения уголовного дела: дис. ... канд. юрид. наук. Барнаул, 2007. 88-89 с. 3. Томин В.Т. Острые углы уголовного судопроизводства. М., 1991. 177 с. 4. Ўзбекистон Республикаси 2012 йил 25 декабрдаги ЎРҚ-344-сонли “Тезкорқидирув фаолияти тўғрисида”ги Қонуни. International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 10. Issue 11 October 2025 7 5. Кузьменко Е.С. Система поводов к возбуждению уголовного дела: теоретический и прикладной аспекты: дис. ... канд. юрид. наук. Н. Новгород, 2007. 143 с. 6. Тюменцев А.Н. Организационно-правовые и тактические вопросы использования средств массовой информации при расследовании и профилактике преступлений: Дис. ... канд. юрид. наук. - Волгоград, 2000. 74 с. 7. Ўзбекистон Республикасининг Жиноят-процессуал кодекси. – Т.: Ўзбекистон, 2025.