Management and Preservation of Evidence Law 2024: A Definitive Framework for Systematic Evidence Management

On December 28, 2024, the Management and Preservation of Evidence Law 2024 was enacted by Myanmar’s State Administration Council. Comprising 12 chapters and 54 sections, this law establishes a robust legal framework for the systematic handling, preservation, and management of evidence in criminal investigations and trials. It addresses critical issues to ensure the integrity of judicial processes and safeguard the proper use of evidence.

The law applies to offenses punishable under the Anti-Money Laundering Act, transnational crimes, and other offenses designated by the Union Government through notifications as set out in Section 2. Its objectives, outlined in Section 4, emphasize systematic evidence management to prevent loss or damage, protection from misuse, and the preservation of evidence value during legal proceedings.

To implement these objectives, the law establishes a Central Committee for Management and Preservation of Evidence, chaired by the Union Minister of Home Affairs as specified in Section 5. The committee is empowered to adopt policies, oversee operations, and coordinate with regional and state-level committees as set out in Section 6. These regional committees are further tasked with localizing policy implementation and ensuring effective evidence management in accordance with Sections 7 to 9. Evidence management offices are set up under the Ministry of Home Affairs, supervised by police officers of at least the rank of Police Major, as mandated in Section 11.

Law enforcement agencies play a critical role under this law. Section 13 requires that high-value or perishable evidence, including narcotics and controlled substances, be transferred to evidence management offices within 48 hours of seizure. Evidence that is challenging to transport must be delivered according to timelines established by regional or state committees. Submissions must include comprehensive documentation, such as photographs, condition reports, and inspection records, to ensure transparency as required by Section 14. Evidence like gold, gemstones, or silver must be submitted directly to courts, while larger items require detailed storage records managed by the relevant committees as outlined in Section 15.

Preservation guidelines in Section 16 ensure that evidence is stored appropriately. High-value items are to be secured in Myanmar Economic Banks, while immovable evidence or items difficult to transport are assigned to custodians approved by regional committees. Perishable evidence may be sold with court authorization, with proceeds allocated to regional or Union funds. Unclaimed evidence after two years of a court order may be designated as state property, with decisions communicated to relevant committees.

The law enforces strict penalties for violations. Section 62 prescribes imprisonment of three to five years and fines between 50 million and 100 million kyats for tampering, forging, or misusing evidence. Failure to comply with procedural requirements, as outlined in Section 63, can result in imprisonment of up to three years or fines ranging from 10 million to 500 million kyats. Additionally, theft or destruction of evidence incurs imprisonment of five to seven years and fines between 50 million and 100 million kyats, as stipulated in Section 64.

All offenses related to evidence management are exclusively prosecuted under this law, ensuring it serves as the definitive legal framework for evidence handling. This exclusivity underscores the law’s role in upholding judicial integrity.

The Management and Preservation of Evidence Law 2024 marks a transformative milestone in Myanmar’s legal system. By introducing detailed protocols and establishing accountability at all levels, the law strengthens public trust in the administration of justice. It ensures that evidence is managed and preserved with the highest standards of transparency and care, reinforcing the country’s commitment to a fair and efficient judicial process.