LAW OF THE REPUBLIC OF UZBEKISTAN

of February 18, 2021 No. ZRU-675

About modification and amendments in Criminal and Criminal procedure codes of the Republic of Uzbekistan

Accepted by Legislative house on December 4, 2020

Approved by the Senate on February 5, 2021

Article 1. The criminal code of the Republic of Uzbekistan approved by the Law of the Republic of Uzbekistan of September 22, 1994 No. 2012-XII (Sheets of the Supreme Council of the Republic of Uzbekistan, 1995, No. 1, Art. 3; Sheets of Oliy Majlis of the Republic of Uzbekistan, 1996, No. 9, Art. 144; 1997, No. 2, Art. 56, No. 9, Art. 241; 1998, Art. No. 5-6, 102, No. 9, Art. 181; 1999, No. 1, Art. 20, No. 5, Art. 124, No. 9, Art. 229; 2000, No. 5-6, of Art. 153; 2001, Art. No. 1-2, 23, No. 9-10, Art. 165; 2002, No. 9, Art. 165; 2003, No. 1, Art. 8, No. 9-10, Art. 149; 2004, Art. No. 1-2, 18, No. 9, Art. 171; Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2005, No. 9, Art. 314, No. 12, Art. of the Art. 417, 418; 2006, No. 6, Art. 261, No. 12, Art. 656; 2007, No. 4, Art. of the Art. 158, 166, No. 6, Art. 248, No. 9, Art. of the Art. 416, 422, No. 12, Art. 607; 2008, No. 4, Art. of the Art. 187, 188, 189, No. 7, Art. 352, No. 9, Art. of the Art. 485, 487, 488, No. 12, Art. of the Art. 640, 641; 2009, No. 1, Art. 1, No. 4, Art. 128, No. 9, Art. of the Art. 329, 334, 335, 337, No. 12, Art. 470; 2010, No. 5, Art. of the Art. 176, 179, No. 9, Art. 341, No. 12, Art. of the Art. 471, 477; 2011, No. 1, Art. 1; 2012, No. 4, Art. 108, No. 9/1, Art. 242, No. 12, Art. 336; 2013, No. 4, Art. 98, No. 10, Art. 263; 2014, No. 1, Art. 2, No. 5, Art. 130, No. 9, Art. 244, No. 12, Art. 343; 2015, No. 6, Art. 228, No. 8, Art. of the Art. 310, 312, No. 12, Art. 452; 2016, No. 4, Art. 125, No. 9, Art. 276, No. 12, Art. of the Art. 383, 385; 2017, No. 3, Art. 47, No. 6, Art. 300, No. 9, Art. of the Art. 506, 510; 2018, No. 1, Art. 4, No. 4, Art. of the Art. 218, 224, No. 7, Art. 430, No. 10, Art. 679; 2019, No. 1, Art. of the Art. 3, 5, No. 3, Art. 161, No. 5, Art. of the Art. 259, 267, 268, No. 7, Art. 386, No. 8, Art. 471, No. 9, Art. 592, No. 11, Art. 787, No. 12, Art. 880; 2020, No. 1, Art. 4, No. 3, Art. 204, No. 7, Art. 449, No. 10, Art. 593, No. 11, Art. 651, No. 12, Art. 691; 2021, No. 1, the Art. of the Art. 1, of 5, of 14) to add with Article 57-2 of the following content:

"Article 57-2. Assignment of punishment on crimes on which the agreement on recognition of fault is signed

The term or the amount of the penalty imposed on crimes on which the agreement on recognition of fault is signed cannot exceed half of the maximum punishment prescribed by the relevant article (part) of the Special part of this Code".

Article 2. Bring in the Code of penal procedure of the Republic of Uzbekistan approved by the Law of the Republic of Uzbekistan of September 22, 1994 No. 2013-XII (Sheets of the Supreme Council of the Republic of Uzbekistan, 1995, No. 2, Art. 5; Sheets of Oliy Majlis of the Republic of Uzbekistan, 1995, No. 12, Art. 269; 1997, No. 2, Art. 56, No. 9, Art. 241; 1998, Art. No. 5-6, 102, No. 9, Art. 181; 1999, No. 1, Art. 20, No. 5, Art. 124, No. 9, Art. 229; 2000, Art. No. 5-6, 153, No. 7-8, Art. 217; 2001, No. 1-2, of the Art. of the Art. 11, 23, No. 9-10, Art. of the Art. 165, 182; 2002, No. 9, Art. 165; 2003, No. 5, Art. 67; 2004, Art. No. 1-2, 18, No. 9, Art. 171; Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2005, No. 12, Art. 418; 2006, No. 6, Art. 261; 2007, No. 4, Art. 166, No. 6, Art. of the Art. 248, 249, No. 9, Art. 422, No. 12, Art. of the Art. 594, 595, 607; 2008, No. 4, Art. of the Art. 177, 187, No. 9, Art. of the Art. 482, 484, 487, No. 12, Art. of the Art. 636, 641; 2009, No. 1, Art. 1, No. 4, Art. 136, No. 9, Art. 335, No. 12, Art. of the Art. 469, 470; 2010, No. 6, Art. 231, No. 9, Art. of the Art. 334, 336, 337, 342, No. 12, Art. 477; 2011, No. 4, Art. of the Art. 103, 104, No. 9, Art. 252, No. 12/2, Art. 363; 2012, No. 1, Art. 3, No. 9/2, Art. 244, No. 12, Art. 336; 2014, No. 9, Art. 244; 2015, No. 8, Art. of the Art. 310, 312, No. 12, Art. 452; 2016, No. 4, Art. 125, No. 9, Art. 276, No. 12, Art. 385; 2017, No. 3, Art. 47, No. 6, Art. 300, No. 9, Art. of the Art. 506, 510, No. 10, Art. 605; 2018, No. 1, Art. of the Art. 1, 5, No. 4, Art. of the Art. 218, 224, No. 7, Art. of the Art. 430, 431, No. 10, Art. 679; 2019, No. 1, Art. of the Art. 3, 5, No. 2, Art. 47, No. 3, Art. 161, No. 5, Art. of the Art. 259, 267, No. 7, Art. 386, No. 8, Art. 469, No. 9, Art. of the Art. 589, 592, No. 10, Art. 671, No. 11, Art. of the Art. 787, 791, No. 12, Art. of the Art. 880, 881, 891; 2020, No. 3, Art. 204, No. 5, Art. 296, No. 12, Art. 689; 2021, No. 1, Art. of the Art. 5, 11, 13, 14), following changes and amendments:

1) in part one of Article 29 of the word "preparation of criminal case for legal proceedings" shall be replaced with words "consideration of the petition of the prosecutor for preliminary fixing of testimonies of the witness and the victim (the civil claimant); preparation of criminal case for legal proceedings; carrying out initial hearing";

2) in Article 39-2:

add with part six of the following content:

"Receipt of statements, explanations or indications from the suspect, the person accused or the defendant by officials 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";

the sixth and seventh to consider parts respectively parts seven and the eighth;

Shall be replaced with words 3) in part one of Article 46 of the word "participate in court sessions on cases on conciliation" "participate when carrying out initial hearing by court on case, participate in court sessions on cases on conciliation";

Shall be replaced with words 4) in part one of Article 48 of the word "have the defender from the moment of detention or the announcement to him resolutions on recognition by his suspect" "have the defender from the moment of the actual detention or actual finish of the operational search action connected with his detention on site of crime, or announcements to it resolutions on recognition by his suspect";

Part one of Article 51 to add 5) with Items 8-1 - 8-4 following of content:

"8-1) to whom initial hearing is carried out by court;

8-2) persons, suspects or persons accused of making of especially serious crime;

8-3) by consideration of question of application to person of measure of restraint in the form of detention or house arrest, and also prolongation of term of detention, house arrest;

8-4) on which the agreement on recognition of fault is signed";

Part the second articles 52 after figure "8" to add 6) with figures "8-3, 8-4";

Shall be replaced with words 7) in part one of Article 53 of the word "participate as the party in legal proceedings" "participate in quality of the party when carrying out initial hearing by court on case and in legal proceedings";

8) in part one of Article 55 of the word "submit the application in the cases provided by the law on conciliation and participate in court sessions on cases on conciliation" shall be replaced with words "submit the application in the cases provided by the law on conciliation and participate when carrying out initial hearing by court on case and in court sessions on cases on conciliation";

Shall be replaced with words 9) in part one of Article 57 of the word "participate in court sessions" "participate when carrying out initial hearing by court on case and in court sessions";

Shall be replaced with words 10) in part one of Article 59 of the word "participate in court sessions" "participate when carrying out initial hearing by court on case and in court sessions";

Part third of Article 81 to state 11) in the following edition:

"Results of investigation and search operations can be acknowledged as the proof only if they are received according to requirements of the law, after their check and assessment according to regulations of this Code and testify to availability at person of the intention on crime execution created irrespective of actions of the law enforcement officers or other persons participating in operational action";

Part the second Article 88 to add 12) with items 4 - 8 following contents:

"4) to decline person to making of illegal actions and to accuse him of the crime committed owing to such inducement;

5) in the presence of the bases for involvement of person to participation in criminal case as the suspect or the person accused to interrogate him as the witness, except as specified, of requiring conducting examination or audit;

To receive 6) from the face any written or oral evidences to explanation of its procedural law;

To cause 7) in law enforcement agencies and to interrogate close relatives of the detained suspect or the person accused in case of lack of the bases for attraction them as participants of process;

8) to the staff of bodies of inquiry and pretrial investigation to cause in law enforcement agencies and (or) to interrogate participants of legal procedure within the criminal case taken to court for consideration on the merits, except as specified availability of the related criminal case allocated in separate production or the written order of court";

To add 13) with Chapter 12-1 of the following content:

"Chapter 12-1. PRELIMINARY FIXING of INDICATIONS

Article 121-1. Preliminary fixing of indications

Preliminary fixing of indications consists in interrogation of the witness and victim (civil claimant) at stage of pre-judicial production according to the petition of the prosecutor, is performed by court by the rules of legal proceedings provided by this Code.

Article 121-2. Bases for preliminary fixing of indications

If reasons to believe are had that later interrogation of the witness, the victim (the civil claimant) during pre-judicial production or legal proceedings can be impossible owing to the objective reasons (departure out of limits of the Republic of Uzbekistan, availability at them the serious and long illness excluding possibility of participation in criminal proceeding), their indications can be previously fixed in cases.

In case of need preliminary fixing of indications the investigator, the investigator issues the decree on initiation of the petition for preliminary fixing of indications and sends it to the prosecutor together with required materials.

About preliminary fixing of indications the suspect, the person accused, the victim (the civil claimant), the witness and the defender address to the prosecutor.

The prosecutor, having checked justification of the resolution on initiation of the petition for preliminary fixing of indications or the address, in case of consent with it directs the resolution on initiation of the petition for preliminary fixing of indications or the appeal to district (city) criminal court judge, territorial military court on production site of inquiry or pretrial investigation.

The copies of the criminal case file confirming need of preliminary fixing of indications are attached to the petition.

Article 121-3. Conditions of consideration of the petition for preliminary fixing of indications

The court considers the petition for preliminary fixing of indications no later than twenty four hours from the moment of intake of materials and takes out determination about satisfaction of the petition and purpose of judicial session or about refusal in satisfaction of the petition and reports about it to the parties.

In case of satisfaction of the petition the judge no later than three days holds judicial session on preliminary fixing of indications.

The judge refuses satisfaction of the petition if as a result of consideration of the petition and the documents attached to it will consider preliminary fixing of indications unreasonable.

On determination of court about refusal in satisfaction of the petition for preliminary fixing of indications the private claim or private protest in appeal procedure within seventy two hours from the date of its removal can be brought. Petition for appeal, protest move through the court which took out determination which shall send within twenty four hours them together with materials to Appeal Court. The Appeal Court shall consider the specified materials with the claim or protest no later than forty eight hours from the moment of their receipt.

Appeal Court, having considered the petition for appeal, protest, has the right the determination:

leave determination of the judge without change, and the claim or protest without satisfaction;

cancel determination of the judge and carry out preliminary fixing of indications.

The claim, protest to determination of Appeal Court cannot be submitted.

After refusal in satisfaction of the petition repeated appeal to the court is allowed only in the presence of the new bases for the statement of the petition for preliminary fixing of indications.

Article 121-4. Procedure for preliminary fixing of indications

Preliminary fixing of testimonies of the witness, victim (civil claimant) is performed according to Article 442 of this Code in judicial session with observance of procedure for examination in court with participation of the investigator, investigator, prosecutor, suspect, person accused, his defender and in need of other participants of process.

Consideration of the petition for preliminary fixing of indications begins with the report of the prosecutor who proves need of preliminary fixing of indications.

Judicial session can be held with use audio-and videos, and also in the video conferencing mode.

During preliminary fixing of indications the suspect, the person accused is not called in judicial session if participation of the suspect, the person accused threatens safety of the witness or the victim (the civil claimant) or will make mental impact on them.

Absence of persons properly notified on the place, date and time of judicial session is not obstacle for consideration of the petition for preliminary fixing of indications.

If the investigator, the investigator, the prosecutor or the defender were not on reasonable excuses and reported about it to court, carrying out actions for preliminary fixing of indications can be postponed.

About carrying out preliminary fixing of testimonies of the witness or victim (civil claimant) the protocol of judicial session according to requirements of Articles 426, of the 427th of this Code is constituted.

The parties have the right to make the copy of the protocol of judicial session, and also to receive at own expense audio-and videos and to submit the notes on the protocol of judicial session.

The judge without delay considers the notes submitted on the protocol of judicial session and passes the decision on their acceptance or variation.

The protocol of judicial session, audio-and videos, notes to it and the decision made by results of their consideration go to the prosecutor for attaching to the criminal case file.

Copies of the protocol and the materials attached to it are stored in court.

Article 121-5. The bases for repeated interrogation of person which indications were previously fixed earlier

Repeated interrogation of witnesses, victims (civil claimants) whose testimonies were previously fixed earlier is allowed in case of origin during pre-judicial production or legal proceedings of the new questions which are important for case who should be set to person whose testimonies were previously fixed earlier";

14) in Article 225:

add with part five of the following content:

"The meeting with the defender alone before carrying out the related legal proceedings is provided to person from the moment of his actual detention or actual finish of the operational search action connected with his detention on site of crime. About it the protocol is constituted";

the fifth to consider part part six;

15) the first offer of part one of Article 226 to state in the following edition:

"The term of detention constitutes no more than forty eight hours from the moment of the actual detention of person (the moment of the actual restriction of its rights to free movement)";

16) in Article 243:

to exclude from part seven of the word "if the last participates in case";

the first offer of part eight to state in the following edition:

"Absence of persons properly notified on the place, date and time of judicial session is not obstacle for consideration of the petition for application of measure of restraint in the form of detention or house arrest, except for the defender";

To exclude 17) from part five of Article 247 of the word "if the last participates in case";

18) in Article 345:

the second to state part in the following edition:

"Pretrial investigation on cases on the crimes provided by Articles 97 - 103-1, 108, 116, 137, 141 - 149, 175, parts three and the fourth Article 177, Articles 180 - 181-1, part three of Article 184, Article 1841, parts two, third and fourth Article 186, Articles 192-1 - 192-11, 197-1, 205 - 215, 218 - 222, 229-4, 230 - 230-2, 231, Article part two 232, Articles 233 - 236, 241-1 - 242, 265 Criminal codes, and also on cases on crimes of separate categories of the officials specified in the law is made by investigators of bodies of prosecutor's office";

the fifth and sixth to state parts in the following edition:

"Pretrial investigation on cases on crimes, stipulated in Article 104, Article part two 105, Articles 106, 107, Article part two 110, parts three - the fifth Article 113, Article part three 114, parts two and third Article 117, Articles 118, 119, Article part two 121, Article 124, parts two and third Article 127, parts two and third Article 127-1, Article part two 128, Article part two 129, parts three and the fourth Article 131, Article part two 133, Articles 134, 135, Article part two 138, Articles 164 - 166, parts two - the fourth Article 168, parts two - the fourth Article 169, Article part three 171, Article part three 173, Article 176, Article 186-1, parts two and third Article 186-2, Articles 193 - 197, 198 - 204, 216, part two of Article 216-1, Article 217, Article part three 225, Article part two 226, Article part two 228, Articles 243, 244, 244-3, parts two - the fourth Article 244-4, Articles 245, 247, 248, parts two - the fourth Article 2481, Articles 249, 250, parts two - the fourth Article 2501, Articles 251 - 255-1, parts two - the fourth Article 255-2, Articles 256 - 258, Article part two 259, parts two and third Article 260, parts two and third Article 2601, parts two and third Article 262, Article 263, parts two and third Article 263-1, Article 264, parts two and third Article 266, Article 267, parts two and third Article 268, parts two and third Article 269, parts two and third Article 270, Articles 271, 273, Article part two 274, Article 275, Article part two 276, Article part three 277, parts one and the second Article 278, part two of article 278-7 of the Criminal code, and also on all cases on crimes, made by minors (except for the crime connected with premeditated murder), it is made by investigators of law-enforcement bodies.

Pretrial investigation on cases on the crimes provided by Article part three 130, parts two and third Article 167, Articles 178, 186-3, 188, 188-1, 244-1, 244-2 Criminal codes is made by the body of pretrial investigation which initiated proceedings. In case of excitement by the body performing investigation verification or body of inquiry of case on the crimes provided by this part, the body of pretrial investigation which will perform investigation is determined by case by the prosecutor";

in part eleven of the word "Attorney-General of the Republic of Uzbekistan or His Deputies" shall be replaced with words "The Attorney-General of the Republic of Uzbekistan, his deputies or the prosecutor of the Republic of Karakalpakstan, prosecutors of areas and the city of Tashkent, and also prosecutors equated to them";

19) in Article 381-2 part one:

in Item 1:

after figure "125" to add with figure "125-1";

"parts one and the second Article 213, parts one and the second Article 214, Article 216-1 part one" shall be replaced with words words "part one of Article 216-1, Article 216-2";

"Article 184-1" to exclude from Item 3 of the word;

20) part third of Article 382:

add with paragraphs the tenth and eleventh the following content:

"petitions before court for preliminary fixing of testimonies of witnesses and victims (civil claimant);

according to the procedure, established by this Code, signs the agreement on recognition of fault with the suspect or the person accused";

the tenth - the seventeenth to consider paragraphs respectively paragraphs the twelfth - the nineteenth;

The word "APPOINTMENT" to replace 21) in the name of Chapter 49 with the word "PREPARATION";

Articles 395 and 396 to state 22) in the following edition:

"Article 395. Actions of the judge for the arrived criminal case

The judge, having received criminal case with the indictment or the indictment or the resolution on the direction of case in court for consideration of question of application of enforcement powers of medical nature, takes out one of the following determinations:

1) about transfer of criminal case on cognizance;

2) about purpose of case to legal proceedings;

3) about carrying out initial hearing.

Determination on the questions provided in part one of this Article is accepted by the judge no later than seven days from the moment of receipt of case in court in time. This term can be extended by the chairman of the same court, but no more than for three days.

Article 396. The circumstances which are subject to examination on the criminal case which arrived in court

In case of the solution of the questions provided in part one of article 395 of this Code the judge concerning each person accused on criminal case shall find out the following circumstances:

Whether 1) jurisdictional case to this court;

Whether 2) the bases for consideration of the case in judicial session are sufficient;

Whether 3) are observed in case of production of inquiry and pretrial investigation of the requirement of this Code;

Whether 4) the measure of restraint is correctly chosen concerning the person accused;

Whether 5) the measures providing compensation of the property harm done by crime are taken;

Whether 6) the indictment or the indictment according to requirements of this Code is constituted;

Whether 7) there are bases for carrying out initial hearing";

23) in Article 397:

in the name to replace the word "resolution" with the word "determination";

in paragraph one to replace the word "resolution" with the word "determination";

replace Items 6 and 7 with Items 6, 7 and 8 following contents:

"6) about participation in legal proceedings of the state prosecutor and the defender;

7) consideration of the case in the opened or closed judicial session;

8) about the place and time of legal proceedings";

The text of Article 398 in Uzbek to state 24) in the following edition:

"The judge суриштирув yok of dastlabka of terg of yuritilgand zhinoit okibatid етказилган mulky zararning of ¸rna of koplanishina таъминлаш choralar of k¸rilmaganligina ва бундай чоралар bevosita court томонидан k¸rilish мумкин emasligin аниклагач, ўз azhry Bilan yoka surishtiruvchining tergovchining of zimmasig зарур чоралар кўриш yuklayda vazifasin";

Articles 399, 400 and 401 to exclude 25);

The text of Article 403 to state 26) in the following edition:

"The judge gives the order about challenge in judicial session of persons specified in determination of court about purpose of criminal case to legal proceedings provides delivery of legal notifications by it, and also takes other measures for preparation of judicial session";

Article 404 to exclude 27);

The word "resolution" to replace 28) in Article 405 part one with the word "determination";

To add 29) with Chapter 49-1 of the following content:

"Chapter 49-1. INITIAL HEARING ON CRIMINAL CASE

Article 405-2. Carrying out on criminal case of initial hearing

Initial hearing on criminal case is carried out by general rules of legal proceedings taking into account the features provided in this Chapter.

Article 405-3. The bases for carrying out on criminal case of initial hearing

The court according to the petition of the parties or on own initiative in the presence of the bases provided by part two of this Article carries out initial hearing on criminal case.

Initial hearing is carried out in the presence of the bases for:

1) suspensions of criminal proceeding;

2) cessation of production on criminal case;

3) the directions of criminal case to the prosecutor who approved the indictment, the indictment or the resolution on application of enforcement power of medical nature;

4) associations of criminal cases, in the cases provided by this Code;

5) exceptions of case of inadmissible proofs if one of the parties petitions for it.

Article 405-4. Determination about carrying out initial hearing on criminal case

In determination about carrying out initial hearing on criminal case it is specified:

1) time and place of removal;

2) position and surname of the judge;

3) surname, name, middle name of the person accused and the article of the Criminal code on which charge is brought to him;

4) surname, name, middle name and procedural provision of person which introduced the petition;

5) basis for carrying out initial hearing;

6) about participants of initial hearing;

7) about the place and time of initial hearing.

Article 405-5. Carrying out terms on criminal case of initial hearing

Initial hearing on criminal case shall be begun no later than five days from the moment of removal by the judge of determination about purpose of case to initial hearing in time.

Duration of carrying out initial hearing shall not exceed ten days from the date of the beginning of initial hearing.

Article 405-6. Procedure for carrying out initial hearing on criminal case

Initial hearing is carried out by the judge solely in the closed judicial session with participation of the parties.

The notification on challenge of the parties shall be sent to judicial session at least in three days prior to day of carrying out initial hearing.

Participation of the person accused, his defender and state prosecutor in judicial session is obligatory.

Initial hearing can be carried out to absence of the person accused according to its petition or in the presence of the bases for carrying out legal proceedings according to the procedure, provided by part three of article 410 of this Code, according to the petition of one of the parties.

Absence of timely informed victims and his representative, the civil claimant, the civil defendant and their representatives does not interfere with carrying out initial hearing.

In due time the chairman opens judicial session on initial hearing.

The chairman announces structure of court, reports who is the state prosecutor, the defender, the court session secretary.

The chairman identifies the person accused personality. Then the chairman identifies the personality of the legal representative of the person accused, the victim, his representative if they participate in criminal proceeding.

The chairman explains to participants of judicial session their right of the statement of branch to the judge, the state prosecutor, the court session secretary and other participants of judicial session. The declared branches the court resolves according to the procedure, stipulated in Article the 80th of this Code.

The chairman asks the person accused, and also persons called judicial session whether they have petitions.

Carrying out initial hearing begins with the report of the chairman then it hears persons which were in judicial session. Then the criminal case file is researched.

If the party declares the petition for exception of the inadmissible proof, the judge finds out from other party whether it has objections against this petition. In the absence of objections and availability of the bases for recognition of the proof provided by the law inadmissible the judge satisfies the petition.

Petitions of the parties for reclamation of corroborating evidences on case if these proofs are important for case, shall be satisfied. After that the opinion of the state prosecutor and defender on the questions resolved in initial hearing is heard. Having listened to opinion of the state prosecutor and defender, the chairman leaves to the certain room for removal of determination which shall be announced in judicial session.

By results of initial hearing the judge takes out one of determinations, stipulated in Article 40514 of this Code.

During initial hearing the court session secretary takes the protocol by rules, stipulated in Article the 426th of this Code.

Article 405-7. Suspension and renewal of criminal proceeding

If when carrying out initial hearing on criminal case it becomes clear that the person accused disappeared, the judge takes out determination about suspension of proceeedings concerning this person accused and the announcement of search on it, except as specified, specified in Articles 410 and 418 of this Code. The issue of change to the person accused of measure of restraint is at the same time resolved.

In case of the serious and long illness of the person accused excluding possibility of its participation in judicial session certified by the conclusion of forensic medical examination, the judge takes out determination about suspension of proceeedings before recovery.

Criminal proceeding is resumed after elimination of the circumstances which caused its suspension.

About renewal of criminal proceeding the judge takes out determination.

Article 405-8. Transfer of the suspended criminal case to the prosecutor

Case on which production is suspended according to part one of article 4057 of this Code, is transferred to the prosecutor who approved the indictment or the indictment for taking measures to search of the person accused.

Article 405-9. Terms of suspension of criminal case

Criminal proceeding stops:

in the case provided by part one of Article 405-7 of this Code - before search of the person accused;

in the case provided by part two of Article 405-7 of this Code - before recovery of the person accused.

Article 405-10. Termination of criminal case

In the presence of the circumstances provided in Article 83, in Article part one 84 of this Code, the court dismisses criminal case.

In determination of court:

the bases of the termination of criminal case are specified;

issues of cancellation of measure of restraint, and also measure of providing the civil action are resolved;

the question of physical evidences is resolved.

The court has the right to dismiss the case on the bases provided by Article part five 84 of this Code.

The copy of determination about the termination of criminal case goes to the prosecutor, is handed to person against whom the case is dismissed, and to the victim within five days from the date of removal.

Article 405-11. Petition for exception of inadmissible proofs

The person accused, the defender and the state prosecutor has the right to declare the petition for exception of any proof which is available in the criminal case file if considers them inadmissible.

The petition can be declared after the direction of criminal case with the indictment or the indictment in court within three days from the date of receipt of the copy of the indictment or the indictment.

The copy of the petition goes to the prosecutor who approved the indictment or the indictment and also the victim in day of submission of the petition to court.

In the petition shall be specified:

1) the proof for which exception the party petitions;

2) the bases for recognition of the proof inadmissible and the exceptions provided by this Code.

By consideration of the petition for exception of the proof declared by the party of protection on the ground that the evidence was obtained by illegal methods or way of deprivation or restriction of the rights of participants of criminal procedure guaranteed by the law or with violation of requirements of this Code the burden of confutation of the arguments adduced by the party of protection lies on the prosecutor. In other cases the burden of proof lies on the party which declared the petition.

If the court made the decision on proof exception, then this proof loses legal force and cannot be the basis for sentence or other judgment, and also be researched and used during legal proceedings.

During substantive prosecution the question of the proof recognized earlier inadmissible and excluded by admissible can be considered based on the petition of the parties.

Article 405-12. The bases for the direction of criminal case to the prosecutor who approved the indictment or the indictment, the resolution on application of enforcement power of medical nature

The judge according to the petition of the parties or own initiative directs criminal case to the prosecutor for removal of obstacles of its consideration by court in cases if:

1) the indictment or the indictment, are constituted with violation of requirements of this Code that excludes possibility of the resolution court of sentence or pronouncement of other decision on the basis of drawn the indictment or the indictment;

2) on the criminal case taken to court with the resolution on application of enforcement power of medical nature is need of creation of the indictment or indictment;

3) there are stipulated in Article 332 of this Code of the basis for consolidation of criminal cases;

4) in case of acquaintance of the person accused with the criminal case file the rights provided by Articles 375 and 38113 of this Code were not explained to it;

The actual circumstances stated in the indictment or the indictment, the resolution on the direction of criminal case in court for application of enforcement power of medical nature witness 5) about availability of the bases for qualification of actions of the person accused, person concerning whom production about application of enforcement power of medical nature is conducted as more serious crime, socially dangerous act or availability of such circumstances is established during initial hearing.

In case of the direction of criminal case to the prosecutor on the bases, stipulated in Item 5 parts one of this Article, court shall specify the circumstances which are the basis for qualification of actions of the person accused, person concerning whom production about application of enforcement power of medical nature is conducted as more serious crime, socially dangerous act. At the same time the court has no right to specify Article of the Special part of the Criminal code of the Republic of Uzbekistan under which it is necessary to qualify crime or socially dangerous act, and also to draw conclusions about assessment of proofs, about guilt of the person accused.

In case of the direction of criminal case to the prosecutor the judge resolves issue of measure of restraint concerning the person accused. If necessary the judge prolongs the term of content of the person accused under guards for production of investigative and other legal proceedings taking into account terms, stipulated in Article the 245th of this Code.

Article 405-13. Consolidation of criminal cases in one production

In case of establishment during initial hearing of the bases provided in Article 392 of this Code, which arose after receipt of criminal case, the judge has the right on own initiative or to make to the petition of the parties the decision on consolidation of criminal cases in one production.

Article 405-14. Determination of court

By results of the carried-out initial hearing the judge takes out determination:

1) about suspension of criminal proceeding;

2) about cessation of production on criminal case;

3) about the direction of criminal case to the prosecutor who approved the indictment, the indictment or the resolution on application of enforcement power of medical nature;

4) about consolidation or allocation of criminal cases, in the cases provided by this Code;

5) about satisfaction or refusal in satisfaction of the petition for recognition of the proof inadmissible and its exception.

Determination addresses execution by the court which took out it no later than seventy two hours from the moment of removal or return of case from Appeal Court.

Article 405-15. Appeal and protest determination of court

The private complaint, private protest in appeal procedure within seventy two hours from the date of its removal can be made about determination of the judge.

Private claim, private protest moves through the court which took out determination which shall send within twenty four hours them together with materials to Appeal Court. The Appeal Court shall consider the specified materials with the private claim, private protest no later than seventy two hours from the moment of their receipt.

Appeal Court, having considered the private claim, private protest, has the right the determination:

leave determination of the judge without change, and the claim, protest - without satisfaction;

change determination of the judge;

cancel determination of the judge and take case to court for consideration on the merits.

Criminal case shall be returned in the court which took out determination no later than twenty four hours from the moment of removal of determination of Appeal Court.

In cases of cancellation of determination of Trial Court case is considered by Trial Court from stage of purpose of case to legal proceedings by general rules";

To add 30) with Chapter 62-1 of the following content:

"Chapter 62-1. AGREEMENT ON RECOGNITION of FAULT

Article 586-1. Agreement on recognition of fault and condition of its conclusion

The agreement on recognition of fault - the agreement signed on not constituting big public danger, less serious and serious crimes with the prosecutor exercising supervision of production of criminal cases based on the petition of the suspect or the person accused who agreed with the suspicion shown it, accusation actively promoted disclosure of crime and smoothed down damage suffered.

The agreement on recognition of fault is signed in the presence of the following conditions:

1) the suspect, the person accused realizes value of the actions, and also effects of the petition declared to them;

2) the petition was declared voluntarily and after carrying out consultations with the defender participating in case;

3) the suspect, the person accused does not dispute the suspicion shown by body of inquiry or investigation or the accusation which are available in the matter of the proof and also nature and the extent of damage suffered and smoothed down it.

The agreement on recognition of fault cannot be signed if:

1) there are bases for application of enforcement powers of medical nature according to the procedure, established by Chapter of 61 of this Code;

2) person commits several crimes and, at least one of them does not conform to the requirements provided by this Article.

Article 586-2. Petition for agreement signature for recognition of fault and procedure for its statement

The petition for agreement signature for recognition of fault can be submitted to the suspects accused at any stage of inquiry and pretrial investigation.

The petition for agreement signature shall be signed by the suspect, the person accused, his defender and the legal representative if the last participates in case.

In the petition the suspect, the person accused specifies recognition of the suspicion or charge brought of the course of inquiry and pretrial investigation, not denial of proofs, rendering assistance in investigation of crime, action which shall make for detection of the property received as a result of crime, the obligation on submission of other information involved in crime and smoothing down of the harm done by crime.

Also, in the petition for agreement signature for recognition of fault the certain actions made by the suspect, the person accused, and promoting disclosure of crime can be specified.

Article 586-3. Consideration of the petition for agreement signature about recognition of fault by the prosecutor

The petition for agreement signature for recognition of fault is submitted to the investigator to whose investigator in production there is criminal case.

The investigator, the investigator after receipt of the petition for agreement signature about recognition of fault within twenty four hours sends the criminal case file to the prosecutor for the solution of question of agreement signature.

The prosecutor considers the petition for agreement signature within seventy two hours from the moment of its receipt with participation of the investigator or investigator and suspect, person accused, his defender and checks observance of the requirements provided in Article of 5861 of this Code. In necessary cases, the prosecutor attracts the victim or the civil claimant to consideration of question of agreement signature.

The prosecutor by consideration of the petition for agreement signature:

1) studies criminal case file and the provided or requested additional materials, checks the agreement signature bases, and also estimates possibilities of the suspect accused on accomplishment of the actions which are the subject of the agreement;

Finds out 2) whether the suspect accused with all terms of agreement about recognition of fault whether the petition voluntarily and voluntarily, and also after discussion with the defender is declared is acquainted, whether it was applied to it any tortures or coercion whether realizes essence of the signed agreement.

After that the prosecutor explains to the suspect, the person accused who declared the petition for agreement signature for recognition of fault that if after adjudgement of court with assignment of punishment based on the agreement, it becomes clear that the suspect, the person accused gave obviously false evidences or he intentionally hid any important and important for case data did not satisfy the conditions and obligations provided in the agreement, then the sentence can be reviewed.

Article 586-4. Resolution of the prosecutor on agreement signature on recognition of fault

The prosecutor, having considered the petition for agreement signature for recognition of fault, takes out one of the following resolutions:

1) about satisfaction of the petition for agreement signature about recognition of fault;

2) about refusal in satisfaction of the petition for agreement signature about recognition of fault.

The refusal of the prosecutor in satisfaction of the petition for agreement signature about recognition of fault does not deprive of the suspect, the person accused and his defender of the right to the repeated statement of the petition on the matter.

Article 586-5. Contents of the agreement on recognition of fault

In the agreement on recognition of fault shall be specified:

date and place of creation of the agreement;

information about the prosecutor signing the agreement;

surname, name and middle name, other data of the suspect, the person accused signing the agreement, data on the defender;

the description of the place and time of crime execution, and also other circumstances which are subject to proof;

the Item, part, article of the Criminal code providing responsibility for this crime;

attenuating circumstances which can be applied to the suspect, the person accused, procedure for assignment of punishment on crimes on which the agreement on recognition of fault is signed;

actions which the suspect, the person accused shall make after agreement signature about recognition of fault on disclosure of the committed crime, submission of the proof on criminal case, identification of the property acquired in the criminal way;

extent of damage suffered and its compensation;

effects of failure to carry out of the conditions provided in Article part five 5863 of this Code.

If on case several persons are recruited as suspects, persons accused, then the agreement on recognition of fault is signed with each suspect, the person accused separately.

The agreement is signed by the prosecutor, the suspect, the person accused, his defender. Before agreement signature the suspect, the person accused have the right alone and confidentially to discuss question of agreement signature and its effect with the defender.

Article 586-6. Actions of the investigator, the investigator, the prosecutor after agreement signature about recognition of fault

After agreement signature about recognition of fault in case of lack of need of carrying out in the matter of investigative and other legal proceedings the prosecutor, having approved the indictment or the indictment, immediately takes case to court.

After agreement signature about recognition of fault in case of need of carrying out investigative and other actions the prosecutor directs case to body of inquiry or investigation.

The investigator, the investigator collects proofs in the amount sufficient for confirmation of fault of the suspect, the person accused.

If during pre-judicial production other circumstances of crime which are not provided in the agreement on recognition of fault will be established, the agreement stops the action.

At the same time in case of establishment of the circumstances excluding agreement signature about recognition of fault, criminal proceeding is conducted in general procedure.

If the established circumstances do not exclude agreement signature about recognition of fault, the agreement can be revised according to the procedure and the terms provided by Articles 5862 - 5864 of this Code.

After collection of proofs for confirmation of fault of the suspect or the person accused the investigator, the investigator represents case to the prosecutor. The prosecutor, within five days having considered the criminal case file and having approved the indictment or the indictment, directs case together with the agreement on recognition of fault to court.

If on case are recruited as suspects, persons accused several persons and not the agreement on recognition of fault, then materials concerning suspects, persons accused with whom the agreement is not signed is signed with all are selected and production on them is performed with observance of general rules about what it is specified in the agreement.

Article 586-7. Procedure for consideration by court of the agreement on recognition of fault

Cases on the agreement on recognition of fault are considered in general procedure taking into account the features provided in this Article no later than one month from the moment of receipt of criminal case with the agreement in court.

Take part in judicial session: the defendant, the victim (the civil claimant), the legal representative, if the last participates in case, the defender, the prosecutor.

Absence of the victim (the civil claimant) or his representative properly notified on the place and date of consideration of judicial session, is not obstacle for consideration of the case.

In judicial session on cases on agreement signature on recognition of fault the prosecutor discloses contents of the agreement, confirms assistance of the defendant to inquiry and pretrial investigation and explains in what it was expressed.

By hearing of cases under the agreement on recognition of fault the court finds out:

security of the procedural law of the suspect accused in case of agreement signature and fulfillment of requirements, specified in Article 586-1 of this Code;

whether the agreement from the suspect is signed, the person accused voluntarily;

whether the suspect, the person accused of essence of the agreement, its condition understood whether he realized its effects;

whether the defendant supports the agreement;

whether the suspect accused to smoothing down of damage suffered took measures.

The court listens to opinions of the defendant and his defender, the prosecutor, and also in necessary cases of the victim (the civil claimant) then it is removed to the certain room for decision.

During judicial session the protocol by the rules provided by Articles 90 - 92 of this Code is taken.

Article 586-8. The judgments under the agreement on recognition of fault

Court, having considered the decision on agreement signature on recognition of fault, takes out one of the following decisions:

1) about approval of the agreement;

2) about refusal in approval of the agreement and case referral to the prosecutor.

In cases of approval of the agreement the court pronounces conviction.

Article 586-9. Refusal by court in approval of the agreement on recognition of fault and the direction of criminal case to the prosecutor

Court, having considered the decision on agreement signature on recognition of fault, takes out determination about refusal in approval of the agreement and submits criminal case to the prosecutor for production of investigation by general rules or review of the agreement if:

1) there are no bases for approval of the agreement or requirements of the procedural legislation in case of agreement signature are violated;

2) the court does not agree with the provided conditions in the agreement concerning qualification of crime in the brought charge to the defendant;

3) the court had reasonable doubts in guilt of the defendant;

4) the parties refused the signed agreement.

The private complaint by the defendant, the victim (the civil claimant), their legal representatives, the defender and private protest the prosecutor can be made about determination of court.

Article 586-10. Adjudgement of court under the agreement on recognition of fault

The conviction under the agreement on recognition of fault is pronounced according to requirements of Chapter 54 of this Code.

In descriptive part of conviction the circumstances which formed the basis for agreement signature are stated, answers to the questions listed in Article 586-7 of this Code are formulated.

In substantive provisions of sentence the decision on approval of the agreement and the explanation are also stated to the defendant of the right of appeal of this sentence".

Article 3. To provide to the Prosecutor General's Office, the Supreme Court of the Republic of Uzbekistan and other interested organizations execution, bringing to contractors and explanation among the population of essence and value of this Law.

Article 4. To the Cabinet of Ministers of the Republic of Uzbekistan:

bring decisions of the government into accord with this Law;

provide review and cancellation by state bodies of their regulatory legal acts contradicting this Law.

Article 5. This Law becomes effective from the date of its official publication.

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