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

of November 24, 2009 No. 13

About practice of collection of procedural costs for criminal cases

Having considered results of generalization of court practice on collection of procedural costs for criminal cases the Plenum of the Supreme court notes that in activity of the courts essential shortcomings on this matter take place.

Courts quite often in violation of the law do not take necessary measures to collection from the convicts suffered in the matter of procedural costs; do not demand from bodies of pretrial investigation application to the indictment of certificates of type and the size of the procedural costs suffered by them; in the absence of good causes accept the procedural costs which are subject to collection from convicts into the account of the state; in case of justification of person on one of Articles of the brought charge or exception of one or several episodes of accusation unreasonably assign on condemned the procedural costs which are directly connected with collecting and research of proofs on this accusation or episode.

In defiance of Item 3 of Article 471 and Article 320 of the Code of penal procedure courts in some cases do not permit and do not specify in sentence to whom and in what size procedural costs shall be assigned; sometimes at the same time are guided not Criminal procedure, but the Code of civil procedure; in some cases collect procedural costs for benefit of particular persons or the organizations, but not in the income of the state; in case of condemnation in the matter of several persons collect procedural costs in solidary, but not in equity procedure.

By hearing of cases in appeal, cassation procedure courts do not pay due attention to check of correctness of permission in sentence of question of procedural costs; in cases when this issue was not resolved in sentence, do not demand from courts of correction of the made mistakes according to the procedure, the stipulated in Article 541 Code of Criminal Procedure.

The shortcomings noted above lead to the fact that as a result of incomplete collection of procedural costs for criminal cases damage is caused to the state.

For the purpose of remedial action, the procedural costs for criminal cases which are available in court practice on collection, based on article 17 of the Law "About Courts", the Plenum of the Supreme Court of the Republic of Uzbekistan decides ensuring the correct use of the provisions of the law by courts:

1. Draw the attention of courts to strict fulfillment of requirements of the law on collection of procedural costs for criminal cases.

2. Explain that according to article 318 Code of Criminal Procedure procedural costs for criminal cases consist from:

the amounts paid to the victims and their representatives, witnesses, experts, specialists, translators understood on covering of their expenses on appearance to the venue of legal proceedings and back on hiring of premises and also as daily allowance;

the amounts paid to the victims and their representatives, witnesses understood, who do not have permanent earnings for their derivation from regular occupations;

the remuneration paid to experts, translators, specialists for execution of the obligations by them on inquiry, pretrial investigation or in court except cases when these obligations were carried out according to the procedure of office task;

the remuneration paid to the defender for rendering legal aid in case of release of the defendant from its payment based on article 50 of this Code;

the amounts spent for storage and transfer of physical evidences;

the amounts spent for conducting examination in expert organizations;

the expenses incurred during detention, the drive and search of persons;

the expenses incurred when conducting inquiry, pretrial investigation or judicial session with use of video conferencing;

other expenses incurred in case of criminal proceeding.

3. It is necessary to understand the expenses of bodies of inquiry, investigation and court of criminal case which are directly connected with collecting and research of proofs of guilt of person as other expenses relating to procedural costs. In particular, costs on compensation can be carried to other expenses: costs of the things which underwent to spoil or destruction in case of production of investigative experiments or examinations; expenses in case of allocation of criminal case in separate production; expenses to persons shown on identification (except persons accused), etc.

4. Do not join in procedural costs for criminal cases:

the average earnings kept according to the law on place of employment for person subpoenaed as a witness, the victim, the civil claimant, the civil defendant and their representatives, the expert, the specialist, the translator, the witness, the public prosecutor and the public defender during the all the time spent by it in connection with challenge in bodies of inquiry, pretrial investigation, to the prosecutor and in court;

the amounts paid to the expert, the specialist or the translator for execution of obligations by him in bodies of inquiry, pretrial investigation or in court if these obligations were carried out according to the procedure of office task;

the clerical and postage expenses connected with production of this case in bodies of inquiry, pretrial investigation and in court.

5. Courts in case of acceptance of each criminal case to production shall check whether the requirement of part one of article 380 Code of Criminal Procedure of the Republic of Uzbekistan about appendix to the indictment by investigating bodies, and also parts three of article 381-12 Code of Criminal Procedure of the Republic of Uzbekistan about appendix to the indictment by bodies of inquiry of the certificate of types and the sizes of procedural costs is fulfilled. Such reference also shall be filed about conciliation of the parties, the petition for amnesty at stage of pre-judicial production or on the case of application of enforcement powers of medical nature.

Having found out that in case of production of pretrial investigation and inquiry requirements of this provision of the law were not fulfilled, and also calculation of procedural costs according to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan No. 570 of October 28, 2023 "About approval of the Regulations on procedure of payments and payments of means to the victims, witnesses, experts, specialists, translators and witnesses" is not made, the judge by analogy of the law (article 398 Code of Criminal Procedure) obliges the investigator, the investigator to provide the corresponding reference.

6. Explain that according to Item 3 of article 471 Code of Criminal Procedure the question of procedural costs is subject to permission in sentence (determination) where it is specified to whom and in what size they shall be assigned.

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