of January 14, 2019 No. ZRU-515
About protection of the victims, witnesses and other participants of criminal procedure
Accepted by Legislative house on November 22, 2018
Approved by the Senate on December 13, 2018
The purpose of this Law is regulation of the relations in the field of protection of the victims, witnesses and other participants of criminal procedure.
The main objectives of this Law are establishment of system of measures of protection of the victims, witnesses and other participants of criminal procedure (further - the protected persons) including security measure and social protection, applied in the presence of threat of infringement of life, health and property of persons, promoting the prevention or disclosure of crime and also determination of the bases and procedure for their application.
The legislation on protection of protected persons consists of this Law and other acts of the legislation.
If the international treaty of the Republic of Uzbekistan establishes other rules, than those which are stipulated by the legislation the Republic of Uzbekistan about protection of protected persons then are applied rules of the international treaty.
The basic principles of protection of protected persons are legality, priority of the rights and legitimate interests of the protected person, the cross liability of the protected persons and state bodies providing protection.
Protected persons are:
1) victim and his legal representative;
2) witness;
3) public prosecutor and public defender;
4) suspect, person accused, defendant, their defenders and legal representatives;
5) the convict, justified, person against whom criminal case is dismissed;
6) civil claimant, civil defendant and their representatives;
7) expert, specialist, translator and witness.
Members of families and close relatives of persons specified in part one of this Article can also be protected persons.
Measures of protection can be also applied before initiation of legal proceedings to the applicant, the eyewitness of crime or other persons promoting the prevention or disclosure of crime.
The state bodies providing protection are:
the bodies making the decision on ensuring protection;
the bodies providing security measures;
the bodies providing measures of social protection.
The decision on ensuring protection is made by the bodies performing investigation verification, inquiries, pretrial investigation and court in which production there is criminal case.
Security measures concerning protected persons on the criminal cases which are in production of law-enforcement bodies or bodies of Service of state security of the Republic of Uzbekistan are provided with them.
Security measures concerning protected persons on the criminal cases which are in production of court or body of prosecutor's office are provided by a court decision or the prosecutor with the law-enforcement bodies located in the location of protected persons.
Security measures concerning protected persons from among the military personnel are provided with command of the relevant military units and higher command of military forming of Armed Forces of the Republic of Uzbekistan.
Security measures concerning the protected persons containing in pre-trial detention centers are provided respectively with law-enforcement bodies and bodies of Service of state security of the Republic of Uzbekistan.
Security measures concerning the protected persons containing in places of serving sentence are provided with organizations of Head department of execution of the punishment of the Ministry of Internal Affairs of the Republic of Uzbekistan.
Providing measures of social protection of protected persons is assigned to social security authorities of the population and other bodies according to the procedure, established by the Cabinet of Ministers of the Republic of Uzbekistan.
Security measures are:
1) ensuring confidentiality of data on the protected person;
2) bodyguard, protection of the dwelling and other property;
3) issue to the protected person of special individual protection equipment and technical means;
4) temporary placement to the safe place;
5) resettlement on other residence, change of place of employment (service) or study;
6) replacement of documents;
7) restriction of access to data on the protected person;
8) providing additional security measures concerning the protected person which is held in custody or being in places of serving sentence.
The security measures provided by Items 6 and 7 of part one of this Article are performed only on criminal cases about heavy and especially serious crimes in need cases.
Ensuring confidentiality of data on the protected person is performed according to the decision of the body providing security measures by imposing of prohibition on issue of data on the protected person from the state and other directory funds which are at operators, the changes of subscriber numbers of its phone and the state registration plates used by it or belonging to it vehicles.
In exceptional cases, connected with production on another criminal, administrative, economic or civil case, data on the protected person can be provided to bodies of inquiry, pretrial investigation, court based on the written request and with the written permission of the body which made the decision on ensuring protection.
In case of establishment of the data testimonial of availability of threat of infringement of life or health or property of the protected person, from its consent by the bodies providing security measures its bodyguard, protection of its dwelling and other property is performed.
The dwelling occupied by the protected person and other property can be equipped with technical means of observation, the fire-proof and security alarm system, and also other equipment.
Taking into account the degree of threat for life and health of the protected person the bodies providing security measures can issue it special individual protection equipment and technical means.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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