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PENITENTIARY CODE OF THE REPUBLIC OF UZBEKISTAN

of April 25, 1997 No. 409-I

(as amended on 18-11-2021)

General part

Section I. Basic provisions

Chapter 1. General provisions

Article 1. Criminal and executive legislation

The criminal and executive legislation is based on the Constitution of the Republic of Uzbekistan and consists of of this Code, and also other acts of the legislation adopted according to it.

The criminal and executive legislation determines:

principles, procedure and conditions of execution of criminal penalty and other measures of criminal law action;

legal status of convicts;

cures of convicts and procedure for their application;

procedure for release of convicts from serving sentence;

procedure for activities of the organizations and bodies performing punishments;

participation of public authorities and self-government of citizens, companies, organizations, organizations, public associations and citizens in correction of convicts.

Article 2. Tasks of the criminal and executive legislation

Tasks of the criminal and executive legislation are ensuring execution of the punishment, correction of convicts, the prevention of making of crimes, protection of the rights, freedoms and legitimate interests of convicts.

Article 3. Operation of the criminal and executive legislation

The criminal and executive legislation is applied in all territory of the Republic of Uzbekistan.

Execution of the punishment and use of cures of convicts are performed according to the current legislation.

Article 4. Criminal and executive legislation and international legal acts

The criminal and executive legislation considers the principles and rules of international law relating to execution of the punishment and the treatment of convicts.

Regulations of the criminal and executive legislation cannot contradict the international marine life protection acts from tortures and other brutal or degrading types of the treatment of convicts.

If the international treaty of the Republic of Uzbekistan establishes other provisions, than those which are provided by the criminal and executive legislation are applied provisions of the international treaty.

Article 5. Basis of execution of the punishment

The basis of execution of the punishment are the sentence, determination or the court order which took legal effect, and also the act of amnesty or pardon.

Article 6. Principles of the criminal and executive legislation

The criminal and executive legislation is based on the principles of legality, justice, humanity, democratism, differentiation and individualization of execution of the punishment, rational application of forced means and stimulations of right obedient behavior of convicts.

Article 7. Correction of the convict. Correction fixed assets

Correction of the convict - forming at it right obedient behavior, respect for the person, society, work, regulations and traditions of human community.

Fixed assets of correction of the convict are established procedure of execution and serving sentence (mode), socially useful work, educational work, general education and professional training, professional training and public impact.

Cures are applied taking into account type of punishment, nature and degree of public danger of the committed crime, and also the personality and behavior of the convict.

Chapter 2. Legal status of convicts

Article 8. Bases of legal status of convicts

Convicts have the rights, freedoms and perform the duties provided for citizens of the Republic of Uzbekistan with withdrawals and restrictions, established by this Code and other laws. The condemned foreign citizens and stateless persons can also have the rights, freedoms and to perform the duties established by international treaties of the Republic of Uzbekistan.

The rights and obligations of convicts are determined proceeding from procedure and conditions of execution of specific type of punishment.

Article 9. Basic rights of convicts

Convicts have the right:

obtain information on procedure and conditions of serving sentence, on the rights and obligations;

address in the native language or in other language with offers, statements and claims to administration of the organization or body performing punishment in other state bodies and public associations;

receive answers to the offers, applications and claims in address language. In the absence of opportunity to give the answer in address language, it is given in state language of the Republic of Uzbekistan. Transfer of the answer to language of the appeal of the convict to the direction in disciplinary part and to imprisonment is provided with the organization or body performing punishment;

offer explanations and correspond, in necessary cases, use translation service;

use training, art and other information materials;

on health protection, including receipt of medical care in out-patient and polyclinic and stationary conditions, depending on the medical certificate;

be engaged in physical exercises in off-duty time in the fresh air if it weather conditions allow;

on psychological assistance given by the staff of psychological service of organization on execution of the punishment. Participation of convicts to imprisonment in the actions connected with rendering psychological assistance is performed only from their consent;

on safe working conditions, rest, leave, and also compensation according to the legislation on work;

on social security, including on receipt of pension according to the legislation.

The condemned foreign citizens have also the right to keep in contact with diplomatic representations and consular establishments of the states, and citizens of the countries which do not have diplomatic and consular establishments in the Republic of Uzbekistan - with diplomatic representations of the state which undertook protection of their interests.

The convicts containing in places of detention for committed not constituting big public danger and less serious crimes, have the right to participate in election of the president of the Republic of Uzbekistan, deputies of Legislative house of Oliy Majlis of the Republic of Uzbekistan, deputies regional, district and city Kengasha of People's Deputies and referendum.

The procedure for realization of the rights of convicts is determined by this Code, other acts of the legislation.

Article 10. Ensuring right to legal aid

Convicts have the right to receive qualified legal aid of lawyers.

For receipt of legal aid by the convict according to their statement or according to the petition of the lawyer meetings with lawyers alone are provided.

The refusal in satisfaction of the petition of the lawyer for provision of meeting with the convict for receipt of legal aid by it based on refusal of the convict of meeting with the lawyer shall be confirmed after the lawyer's conversation with the convict alone about what the protocol signed by the convict, the lawyer and the representative of administration of organization on execution of the punishment is constituted.

Meetings of convicts with lawyers are not set off in number of the appointments established by this Code, their quantity and duration are not limited.

When rendering legal aid the lawyer has the right:

bring claims to actions and decisions of administration of organization on execution of the punishment, the prosecutor, court;

request from administration of organization on execution of the punishment of the reference, characteristic and other documents.

The procedure for holding meetings of convicts with lawyers is established by the legislation.

Article 11. Right of convicts to personal security

The convict has the right to personal security.

In case of threat of personal security of the convict the direction in disciplinary part or to imprisonment he has the right to address orally or in writing any employee of the organization or body performing punishment with the statement (message) on ensuring his personal security. The employee who adopted the statement (message) of the convict without delay submits this application (message) to the chief of the organization or body performing punishment.

The statement (message) of the convict for ensuring personal security is registered the responsible person of the organization or body performing punishment in the book of registration of statements (messages) of convicts on ensuring personal security.

The chief of the organization or body performing punishment after adoption of the statement (message) on ensuring personal security shall place the convict temporarily in the safe place.

The chief of the organization or body performing punishment considers applications (messages) on ensuring personal security and within three days accepts the resolution on application of security measures concerning the convict or about refusal in their application. In cases, being urgent, the resolution on application of security measures concerning the convict is accepted immediately.

The convict studies the accepted resolution under list.

The resolution on application of security measures or on refusal in their application can be appealed in higher body, to the prosecutor or in court. The claim is subject to consideration within twenty four hours from the moment of its giving.

The chief of the organization or body performing punishment for the purpose of safety of the convict applies the security measures provided by the Law of the Republic of Uzbekistan "About protection of the victims, witnesses and other participants of criminal procedure".

The convict transferred to the safe place serves sentence on the same conditions of keeping which to it were determined before transfer.

Article 12. Providing liberty of conscience of convicts

Liberty of conscience is guaranteed to convicts. They have the right to practise any religion or not to profess any.

To persons serving custodial sanction at their request, attendants of the religious associations registered in accordance with the established procedure are invited. Departure of religious practices, use of cult objects and religious literature is allowed to convicts.

Departure of religious practices is voluntary and shall not violate regulations of the organization performing punishment and also to infringe upon the rights and legitimate interests of other persons.

Article 13. Fundamental obligations of convicts

Convicts shall:

comply with procedure and conditions of serving sentence;

fulfill the requirements of administration of the organization or body performing punishment based on the law.

Failure to carry out by convicts of the obligations assigned to them attracts the responsibility established by the law.

Chapter 3. The organizations and bodies performing punishments and other measures of criminal law action

Article 14. The organizations and bodies performing punishments

Mulctary punishment is performed by Bureau of forced execution under the Prosecutor General's Office of the Republic of Uzbekistan.

Punishments in the form of deprivation of certain right, obligatory social jobs, corrective works, restrictions of freedom, imprisonment and lifelong imprisonment are performed by law-enforcement bodies or other body determined by court. The requirement of sentence about deprivation of certain right is performed by administration on place of employment of the convict, and also bodies, competent to cancel permission to occupation the corresponding types of activity.

Punishments concerning the military personnel are performed:

restriction on service - command of military units (organizations) in the place of service by the serviceman;

the direction in disciplinary part - the military units which are specially intended for this purpose.

Additional punishment in the form of deprivation of military or special rank is performed by the body which gave this rank:

deprivations of military or special rank - the body which gave this rank;

confiscation of property - court.

Article 15. The organizations and bodies performing other measures of criminal law action

Control of behavior of conditionally condemned is exercised by law-enforcement bodies, and concerning the military personnel - command of military units (organizations) in the place of passing of service by them.

Enforcement powers of medical nature are performed:

concerning the persons who are suffering from mental disturbances, made socially dangerous acts - medical institutions of bodies of health care;

concerning the convicts having the alcoholism, drug addiction or toxicomania or mental disturbances which are not excluding sanity - medical institutions of bodies of health care, and in case of condemnation to imprisonment - departments of rendering organizations to the treatment-and-prophylactic help with execution of the punishment and specialized hospitals for convicts.

Enforcement powers concerning minors are performed:

assignment of obligation to apologize to the victim, to compensate or eliminate the caused damage - court;

placement to special teaching and educational facility bodies of national education.

Chapter 4. Control and supervision of activities of the organizations and bodies performing punishments and other measures of criminal law action

Article 16. Control of state governing bodies

State governing bodies exercise control of activities of the organizations and bodies performing punishments and other measures of criminal law action in the cases and procedure established by the legislation.

Article 17. Public prosecutor's supervision

Supervision of compliance with laws in case of execution of the punishment and other measures of criminal law action is performed by the Attorney-General of the Republic of Uzbekistan and prosecutors subordinated to it in the limits and procedure established by the law.

Article 18. Visit of places of serving sentence

Officials of state governing bodies, representatives of mass media and other persons have the right to visit the organizations and bodies performing punishments.

By consideration of claims, and also when checking on own initiative of cases of violation of the rights, freedoms and legitimate interests of citizens the Representative of Oliy Majlis of the Republic of Uzbekistan for human rights (омбудсман) and the Comissioner for the President of the Republic of Uzbekistan on protection of the rights and legitimate interests of subjects of entrepreneurship have the right to freely visit organizations on execution of the punishment.

Employees of the Agency on anti-corruption of the Republic of Uzbekistan within the competence have the right to visit freely organizations on execution of the punishment, to get acquainted with necessary documents for the purpose of studying and the analysis of the reasons and conditions of making of corruption offenses.

The procedure for visit of the organizations and bodies performing punishments is determined by the legislation.

Film, photo, video filming and interviewing of convicts is allowed from their written consent. Shooting of the objects ensuring safety and protection of convicts is allowed with the permission of administration of the organization or body performing punishment.

Special part

Section II. Execution of mulctary punishments, deprivations of certain right, obligatory social jobs and corrective works

Chapter 5. Execution of the punishment in the form of penalty

Article 19. Procedure for execution of the punishment

The convict to mulctary punishment shall pay voluntarily penalty from the date of the introduction of sentence to legal force in a month. In case of failure to pay penalty by the convict voluntarily at the scheduled time the penalty is collected by the state contractor forcibly. Recovery by enforcement of penalty is not applied to the convict specified in part two of this Article.

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