RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE REPUBLIC OF UZBEKISTAN

of May 14, 2022 No. 7

About court practice on trial of criminal cases in Trial Court

Due to the changes made to the criminal procedure law, the questions arising in court practice and for the purpose of ensuring uniform and correct use of the provisions of the law, being guided by article 22 of the Law "About Courts" Plenum of the Supreme Court of the Republic of Uzbekistan decides:

1. Draw the attention of courts to need of strict observance of regulations of the procedural law in case of trial of criminal cases on the first instance for the purpose of providing comprehensive, complete and objective investigation of the facts of the case, identification of the reasons and conditions promoting crime execution.

2. According to the Code of penal procedure of the Republic of Uzbekistan (further - the Code of Criminal Procedure) the court has the right to start trial of criminal case only after accomplishment of all necessary actions provided by Chapter 49 of the Code of Criminal Procedure.

3. According to article 406 Code of Criminal Procedure each criminal case shall be considered in the same structure of court or one judge. At the same time it must be kept in mind what in case of the termination of powers of the judge (including the juryman) in connection with the end of term of office, transition to other judicial position or other work, case, unfinished consideration, is subject to trial since the beginning in other structure of court.

4. The Zapasny juryman participating in case, in cases, the stipulated in Article 407 Codes of Criminal Procedure shall be present at judicial session continuously from the beginning to the end of case trial.

In law sense the zapasny juryman has the right to participate in research of proofs, with the permission of the chairman to ask questions to the interrogated persons.

5. Draw the attention of courts that for the purpose of providing careful, comprehensive, complete, objective investigation of all facts of the case and establishment of the truth the law assigns on the legal proceedings presiding in judicial session certain powers on the organization.

The chairman in judicial session during all trial of case shall provide the important principle of criminal procedure providing that the court is not on the side of accusation or protection and does not express their any interests, and keeping objectivity and impartiality, creates necessary conditions for accomplishment by the parties of their procedural obligations and implementation of the rights granted to them.

6. Explain to courts that owing to Article part six 25, of Article part one 26, of articles 409 and 439 Codes of Criminal Procedure the prosecutor as the participant of legal procedure, is allocated with the rights and obligations, important for justice implementation, what are announcement by the state prosecutor of the accusation stated in substantive provisions of the indictment (indictment), direct participation in research of proofs: interrogation of defendants, victims and witnesses, listening of the expert opinion, survey of physical evidences, announcements in court of protocols and other case documents.

Accomplishment of the functions stated in the law requires from support vessels of continuous participation of the prosecutor in case of trial of criminal case for the purpose of provision to it possibility for statement of objective opinion on application of regulations of the penal statute, qualification of actions of the defendant, determination to it type and the amount of punishment, about the reasons and conditions promoting crime execution.

According to the requirement of part one of article 412 Code of Criminal Procedure in case of absence of the prosecutor in judicial session the court postpones trial of criminal case. In case of absence of the prosecutor without reasonable excuse, the court shall report about it to the higher prosecutor.

7. It must be kept in mind that according to Articles 410 - 412 Codes of Criminal Procedure the appearance in judicial session of the defendant, the defender and the prosecutor is their obligation as it is directly connected with need of complete, comprehensive and objective investigation of case papers without which observance pronouncement of the legal and fair decision is not possible.

Due to stated, in case of absence in judicial session any of the specified participants of process trial of case shall be postponed (except for the case provided by part three of article 410 Code of Criminal Procedure) and the measures provided by the law to providing its appearance in court are taken.

8. According to part three of article 410 Code of Criminal Procedure the court has the right to consider criminal case in the absence of the person accused who is outside the Republic of Uzbekistan who evades from appearance in court, and its absence does not interfere with establishment of the truth on case.

By consideration of the petition for carrying out judicial session in the absence of the defendant the judge needs to check whether the copy of the indictment or the indictment are handed to the defendant's defender owing to part two of article 388 Code of Criminal Procedure.

9. According to article 414 Code of Criminal Procedure trial of criminal case in Trial Court is made only concerning persons involved on case in quality of persons accused and within the brought charge.

Trial of case on new, heavier or significantly to accusation in the relation of the defendant or the new faces recruited in case in quality of the person accused differing on the actual circumstances from initial can take place only in case of observance of the conditions and procedure provided by articles 416 and 417 Codes of Criminal Procedure.

10. According to article 420 Code of Criminal Procedure the criminal case begun with consideration can be suspended in case:

if the defendant disappeared from court;

mental or other serious illness of the defendant excluding possibility of its appearance in judicial session;

removal of determination by court about the order to the prosecutor of carrying out additional legal proceedings according to the procedure of articles 416 and 417 Codes of Criminal Procedure.

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