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RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE REPUBLIC OF UZBEKISTAN

of October 25, 2002 No. 27

About court practice on cases on conciliation

(In edition of Resolutions of the Plenum of the Supreme Court of RUZ of September 24, 2004 N 15, on May 21, 2004 N 6)

As show data of legal statistics and results of generalization of court practice on cases on conciliation, introduction of this institute in the penal legislation was effective remedy in liberalization of criminal legal relations. The specified institute allowed to protect more reliably the victim's rights, to lower criminal record condition in the republic, it is essential to expand application of institute of release from criminal liability.

Courts generally correctly resolve cases on conciliation. At the same time, in case of application of this law there are some mistakes and difficulties.

For the purpose of ensuring uniform application of this legal institution in court practice and strict observance of requirements of the law, according to article 17 of the Law of the Republic of Uzbekistan "About courts", the Plenum of the Supreme Court decides:

1. Explain to courts that the institute of conciliation as type of release from criminal liability forms the basis of the termination of criminal cases without solution of question of guilt of person.

The list of crime components this in article 66-1 of the Criminal code on which production on cases on conciliation is possible is exhaustive and is not subject to extensive interpretation.

The procedure for production on cases on conciliation is established in Chapter 62 of the Code of penal procedure.

2. Courts should mean that the law provides certain requirements to form, content and procedure for filing of application about conciliation.

The application for conciliation in all cases is submitted in writing with indication of data on smoothing down of the harm done by crime, (or refusal of the victim of compensation to it harm) and request for the termination of criminal case in connection with conciliation.

The victim (the civil claimant) recognized as that in the procedure established by the law or his legal representative is given the right of initiation of production on cases on conciliation.

When on case along with the victim also the civil claimant participates, initiation of production on cases on conciliation requires submission of the corresponding statement as injured, and the civil claimant.

Similar requirements are established by the law and when on case there are one suspect, the person accused, the defendant and several victims. In the absence of the corresponding statement at least from one of the victims, production on cases on conciliation is excluded. In such cases criminal proceeding is conducted in accordance with general practice.

3. Explain that the law provides possibility of filing of application about conciliation at any stage of inquiry and pretrial investigation, that is from the moment of involvement of person to participation in case in quality of the suspect or the person accused, and also in judicial session before removal of the court considering criminal case on the first instance in the consultative (certain) room.

4. For the purpose of ensuring application of the law on liberalization of criminal penalties, increase in legal culture of the population courts by hearing of cases about conciliation shall pay attention to accomplishment by bodies of inquiry and the investigation of requirements of the law on need of explanation to the victim (the civil claimant), the suspect, the person accused and their legal representatives of essence of institute of conciliation, the basis of release from criminal liability, the stipulated in Article 66-1 Criminal code, and reflection of it in the relevant protocol.

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