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

of May 23, 2014 No. 07

About the adjudication

For the purpose of strengthening of legality in case of administration of law, due protection of the rights and interests of citizens, according to article 17 of the Law of the Republic of Uzbekistan "About courts", the Plenum of the Supreme Court of the Republic of Uzbekistan decides improvement of quality of adjudications:

1. The court verdict is the most important act of justice decided by name of the Republic of Uzbekistan which sums up the result of legal proceedings and the main objectives of criminal trial - that everyone, committed crime are resolved, it was subjected to just punishment and any innocent was not made responsible and condemned.

According to article 26 of the Constitution of the Republic of Uzbekistan, Article 11 of the Universal Declaration of Human Rights, article 14 of the International Covenant on Civil and Political Rights, article 23 Code of Criminal Procedure everyone, accused of crime execution, is considered innocent until his guilt is established by legal order by public legal proceedings in case of which all opportunities for protection are provided to it.

2. The court in case of the resolution of sentence is guided by the principles of criminal procedure established by the Constitution of the Republic of Uzbekistan and the Code of Criminal Procedure of the Republic of Uzbekistan according to which the sentence shall be legal, public, be taken out only by court on the basis of collective nature (edinolichnost), independence of judges and subordination only to their law, implementation of justice on the basis of equality of citizens before the law and court, respect of honor and advantage of the personality, protection of the rights and freedoms of citizens, providing to the defendant of right of defense, providing to participants of process of right to use with the native language or language which they know also the help of the translator, competitiveness, spontaneity and ustnost of research of proofs, of presumption of innocence and to serve the purpose of establishment of the truth on case. Any departure from these principles by what motives it would not be caused, is the basis for recognition of sentence unreasonable.

3. According to article 465 Code of Criminal Procedure the sentence is stated in language in which there were legal proceedings, in clear and clear expressions. The use in sentence of inexact formulations, use of not accepted reducings and words unacceptable in official documents, and also blocking up of sentence the description of the circumstances which do not have relations to case in point is inadmissible.

Considering that in all cases the sentence is proclaimed publicly, the court in case of its creation should avoid statement of the formulations in detail describing methods of making of the crimes connected with production of weapon, drugs, their analogs or psychotropic substances, and also degrading honor and advantage of the person.

All corrections in sentence shall be stipulated and clauses are signed by all structure of court before declaration of sentence.

4. The verdict can be pronounced only after completion of all gaps found in case papers. All facts of the case which are subject to proof shall be researched carefully, comprehensively, fully and objectively. Each of proofs both convicting the defendant of crime execution, and acquitting him is subject to assessment by rules, the stipulated in Clause 95 Codes of Criminal Procedure, from the point of view of relevancy, admissibility and reliability.

In case of proof assessment from the point of view of admissibility it is necessary to be guided by the explanations made in the resolution of the Plenum of the Supreme Court of the Republic of Uzbekistan of August 24, 2018 "About some questions of application of regulations of the criminal procedure law on admissibility of proofs".

Assessment of proofs from the point of view of relevancy consists in verification of data on the facts or objects which confirm, confute or call into question conclusions about existence of the circumstances important for case.

Proof assessment from the point of view of reliability consists in check of compliance of its reality. The proofs contradicting conclusions of court about guilt (innocence) of the defendant shall be not only are provided in sentence, but also properly researched with reduction of motives why they are recognized as doubtful and rejected by court.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info