of August 10, 2020 No. UP-6041
About measures for further strengthening of guarantees of protection of the rights and personal freedoms in judicial and investigative activities
In recent years in the country number of the acts of the legislation directed to reliable protection of the rights and freedoms, respect of honor and advantage of the personality, further expansion of use of the principle of competitiveness of the parties at all stages of legal proceedings and also implementation to this sphere of international standards and the best foreign practices is accepted.
At the same time analysis results of judicial and investigative practice and studying of addresses of citizens demonstrate incomplete involvement of mechanisms of providing guarantees of protection of the rights and personal freedoms in criminal procedure, and also availability of the gaps in the legislation connected with accurate determination of powers of law enforcement agencies on investigation of crimes.
For the purpose of improvement of activities for investigation of criminal cases taking into account international standards and the best foreign practices, ensuring the principles of rule of law and inevitability of responsibility, further enhancement of the criminal procedure legislation in the country, and also consecutive realization of the tasks determined in the Strategy of actions by five priority directions of development of the Republic of Uzbekistan in 2017 - 2021:
1. Determine the main directions of further enhancement of judicial and investigative activities:
ensuring unconditional observance of the rights and personal freedoms, improvement of quality of legal proceedings, review of system of collection, fixing and assessment of proofs in criminal procedure taking into account the standards of proof which are widely applied in the advanced foreign practice;
raising on the new activity level of law enforcement agencies on disclosure of crimes, ensuring inevitability of responsibility for each committed crime and full recovery of the damage caused to the personality, society and the state;
implementation of effective mechanisms of the prevention of making of the acts connected using tortures and other cruel, inhuman or degrading treatment or punishment and also strengthening of responsibility for such acts;
widespread introduction of modern information and communication technologies in process of investigation of criminal cases, further strengthening of material and technical resources and increase in personnel capacity of bodies of inquiry and pretrial investigation;
increase in system effectiveness of crime prevention, and also implementation of mechanisms of timely identification and elimination of the reasons and conditions promoting crimes, increases in legal culture and forming at citizens of spirit of law-abiding.
2. Agree with offers of the Prosecutor General's Office, Ministry of Internal Affairs, Service of state security, the Ministry of Justice and the National center of the Republic of Uzbekistan on human rights on further enhancement of activities for disclosure of crimes according to which:
receipt of statements, explanations or indications from the suspect, the person accused or the defendant by the staff of the bodies which are carrying out operational search activities is performed based on the written permission of the investigator, the investigator, the prosecutor or the judge in who production has this criminal case, and is exclusive with the assistance of the defender (except as specified refusal of the defender in accordance with the established procedure);
calculation of term of detention of person suspected of crime execution is performed from the moment of his actual detention;
obligatory providing meeting with the lawyer alone to person from the moment of his actual detention or actual finish of the operational action connected with his detention on the crime scene is established or from the moment of the announcement to person of the resolution on recognition by his suspect before carrying out the related legal proceedings;
the institute of the agreement on recognition of fault takes root. At the same time, on some categories of crimes the conclusion of the written agreement with bodies of inquiry and pretrial investigation and appointment of punishment as court, no more than a half of the size and (or) term of the maximum punishment prescribed in the relevant article of the Special part of the Criminal code of the Republic of Uzbekistan concerning the persons who pled guilty, frankly repentant, actively promoting disclosure of crime and smoothed down damage suffered is provided;
the procedure for preliminary fixing (deposition) with court of testimonies of the witness and victim with participation of the parties at stage of pre-judicial trial on criminal case on the basis of the petition of the suspect, the person accused, the victim, the witness, the prosecutor or the lawyer in the presence of the bases to believe that their later interrogation can be impossible owing to serious illness or need of trip abroad for long term takes root;
obligatory participation of the defender by hearing of cases concerning persons, suspects or persons accused of making of especially serious crime, and also persons concerning whom the question of application of measure of restraint in the form of detention or house arrest is considered is established.
To the Prosecutor General's Office together with the Ministry of Internal Affairs, Service of state security, the Ministry of Justice and the National center of the Republic of Uzbekistan on human rights in two-month time to introduce in Legislative house of Oliy Majlis of the Republic of Uzbekistan the relevant bill on the questions provided in this Item within power to initiate legislation.
3. Agree with offers of the Supreme Court, Prosecutor General's Office, Ministry of Internal Affairs, Service of state security, the Ministry of Justice and the National center of the Republic of Uzbekistan on human rights on further enhancement of consideration of criminal cases in court according to which:
if during court investigation the circumstances specifying making by the defendant of crime on which charge was not earlier brought to him to all party litigants are established the right to entering into court of the petition for identification of the bases for involvement of the defendant to criminal liability on new accusation is granted;
if during court investigation the circumstances specifying crime execution by person who is not made responsible to all party litigants are established the right to entering into court of the petition for identification of the bases for attraction to participation in case in quality of the accused this person is granted;
the procedure for application of institute of conciliation in case of change of the charge brought to person on Article or part of Article of the Special part of the Criminal code of the Republic of Uzbekistan falling under action of institute of conciliation irrespective of in what degree of jurisdiction criminal case is considered takes root;
the procedure for the direction of criminal case to the prosecutor for establishment of person who really committed crime, and attraction it to participation in case in quality of the person accused in case of pronouncement of the verdict of not guilty in view of non-participation of the defendant in crime execution takes root.
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