of May 24, 2019 No. 11
About court practice on consideration of criminal cases according to the procedure of supervision
Due to the changes made to the Code of penal procedure of the Republic of Uzbekistan, the questions arising in court practice and also for the purpose of ensuring uniform and correct use of the provisions of the law, being guided by article 17 of the Law "About Courts", the Plenum of the Supreme Court of the Republic of Uzbekistan decides:
1. Explain that according to Article 510 of the Code of penal procedure of the Republic of Uzbekistan (further - the Code of Criminal Procedure) the right to appeal taken legal effect sentence, determination, the court order is provided to participants of legal proceedings from accusation (the prosecutor, the victim or his representative, the civil claimant or his representative) and on the party of protection (to person against whom the case is dismissed without solution of question of guilt, to the condemned (justified), his defender or the legal representative, the civil defendant or his representative).
According to the procedure of supervision also other persons, whose rights have the right of appeal of court resolutions or legitimate interests are infringed by these decisions. The pledger or person whose property it is seized according to the procedure of providing the claim or execution of sentence are among such persons, for example.
The civil claimant, the civil defendant and their representatives has the right to appeal court resolutions only in the part relating to the civil action.
Justified person, his defender and the legal representative has the right to appeal against sentence regarding motives and the bases of justification.
The law other persons are not given the right appeals of court resolutions according to the procedure of supervision.
2. The claim, protest according to the procedure of supervision moves directly in the Supreme Court of the Republic of Uzbekistan (further - the Supreme Court).
Supervising production can be initiated:
by determination of the judge of the Supreme Court - according to article 515 Code of Criminal Procedure;
by determination of the chairman of the Supreme Court or its deputy - according to part three of article 515-1 Code of Criminal Procedure;
on protest of the chairman of the Supreme Court or its deputy - according to article 511 Code of Criminal Procedure;
on protest of the Attorney-General of the Republic of Uzbekistan or his deputy - according to article 511 Code of Criminal Procedure;
Supervising production is initiated only on the cases considered in appeal or cassation procedure.
3. The claim, protest according to the procedure of supervision (further - the claim (protest) is submitted:
in Judicial board on criminal cases of the Supreme Court - on decisions of the courts of appeal or cassation instances;
in Presidium of the Supreme Court - on the determination of Judicial board on criminal cases of the Supreme Court which is taken out in appeal, cassation or supervising procedure.
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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