of December 27, 2016 No. 26
About court practice on application of the legislation on compensation of the property harm done by crime
Due to the changes and additions made to the current legislation, the questions arising in court practice on application of the legislation on compensation of the property harm done by crime based on article 17 of the Law "About Courts" Plenum of the Supreme Court of the Republic of Uzbekistan decides:
1. Compensation of the property harm done by crime is important in ensuring protection of property rights and interests of citizens, the companies, organizations, organizations, subjects of entrepreneurship, and also the state.
With respect thereto bodies of inquiry, pretrial investigation and courts need to pay special attention to exact and steady compliance with law about the bases and procedure for compensation of the property harm done by crime.
2. It must be kept in mind that the right of person to compensation of the losses caused to it (i.e. property harm), and also the general bases of liability for damnification are established by the Civil code (Article 14, Chapter 57).
So, according to Article 14 of group of companies are understood as losses:
or will shall make expenses which person whose right is violated, made for recovery of the violated right, loss or damage of its property (actual damage);
uncollected income which this person would gain in case of usual conditions of civil circulation if its right was not violated (lost profit).
With respect thereto in case of the solution of questions of compensation of the property harm done by crime, especially on cases in the field of economy, in particular, about hindrance, illegal intervention in activities of subjects of entrepreneurship) and other crimes encroaching on the rights and legitimate interests of business entities (Article 192-1 - 192-8 UK) courts should be guided by regulations not only the criminal procedure legislation (undressed the fifth Code of Criminal Procedure), but also civil, labor and other law (article 281 Code of Criminal Procedure).
3. According to article 82 Code of Criminal Procedure one of the circumstances which are subject to establishment in course of production of inquiry, pretrial investigation is nature and the extent of the harm done by crime as determination of type and the extent of damage suffered matters not only for the solution of question of its compensation, but also for qualification of crime.
In the presence of proofs that the crime or socially dangerous act of deranged do property harm to person (including recognized as the victim) to the company, organization, the organization, they under the resolution (determination) of the investigator, investigator, prosecutor, court (part one of article 56 Code of Criminal Procedure) shall be acknowledged as civil claimants.
The civil claimant for protection of interests of the minor, and also person recognized as incapacitated their legal representative, and in case of the death of person to whom property harm is done, - his heir is recognized.
The investigator, the investigator, the prosecutor, court in the resolution (determination) on recognition of person (including the victim) the civil claimant shall explain it the rights, procedure and form of presentation of the civil action and other rights, the stipulated in Article 57 Codes of Criminal Procedure.
4. When under the law responsibility for property harm, not the person accused, the defendant, but other person, the investigator, the investigator bears, the prosecutor, court issues the decree (determination) on involvement of the relevant physical person or legal entity to participation in case in quality of the civil defendant and explains it the rights and obligations, the stipulated in Article 59 Codes of Criminal Procedure.
In case of causing property harm with criminal acts of the minor who did not reach fourteen years as the civil defendant in case his parent (adoptive father), the guardian or educational, medical or other institution, being his guardian (Article 993 of group of companies) shall be attracted.
5. Draw the attention of bodies of inquiry, pretrial investigation that the most important legal mechanism of ensuring compensation of the property harm done by crime is immediate property attachment of the suspect, person accused, civil defendant according to article 290 Code of Criminal Procedure.
In sense of article 290 Code of Criminal Procedure it can be seized the property of the suspect or person accused which is at the third parties if in course of production on case good causes to believe that the property actually belongs to the suspect or the person accused are received.
At the same time in each case assessment of property which arrest, with involvement of the specialist or the estimative organization and registration by the protocol with observance of requirements of article 293 Code of Criminal Procedure is imposed is necessary.
For the purpose of increase in performance excellence of sentences regarding compensation of property harm to bodies of inquiry, pretrial investigation it is necessary also, being guided by article 280 Code of Criminal Procedure, to practice application of such measures as prohibition to the suspect, to the person accused, the civil defendant to make certain actions, stipulated in Article 106 GPK.
6. In case of purpose of criminal case to legal proceedings the court needs to find out whether the civil action is made, whether measures for ensuring compensation of the property harm done by crime are taken. If bodies of inquiry, pretrial investigation, by the prosecutor do not take such measures, the judge based on articles 290, of 396 Codes of Criminal Procedure shall take adequate measures on own initiative and if such measures cannot be taken directly by court, oblige the investigator or the investigator to take necessary measures (article 398 Code of Criminal Procedure) about what takes out determination.
At the same time courts shall react to each fact of rejection or untimely acceptance by bodies of inquiry, pretrial investigation, the prosecutor of measures to providing the civil action by removal of private determination.
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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