of May 14, 2022 No. 6
About court practice on preparation of criminal cases for consideration on the first instance
Due to the questions arising at courts by preparation of criminal cases for consideration on the first instance and procedure for carrying out initial hearing and also for the purpose of ensuring uniform and correct application of regulations of the criminal procedure 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 the requirements provided by Chapters 49 and 49-1 of the Code of penal procedure of the Republic of Uzbekistan (further - the Code of Criminal Procedure) on preparation of criminal cases for legal proceedings on the first instance.
2. According to article 396 Code of Criminal Procedure by preparation of criminal case for legal proceedings the judge needs to find out the following circumstances concerning each person accused:
whether case to this court is jurisdictional;
whether the bases for consideration of the case in judicial session are sufficient;
whether are observed in case of production of inquiry and pretrial investigation of the requirement of the Code of Criminal Procedure;
whether the measure of restraint is correctly chosen concerning the person accused;
whether the measures providing compensation of the property harm done by crime are taken;
whether the indictment or the indictment according to requirements of the Code of Criminal Procedure is constituted;
whether there are bases for carrying out initial hearing.
The judge also establishes whether there is need of acceptance on the matters of the proceeding decisions and actions provided by the law for the purpose of ensuring objective, timely and correct permission of criminal case by Trial Court.
3. The judge owing to part one of article 395 Code of Criminal Procedure by preparation of criminal case for legal proceedings can take out one of the determinations provided by this provision of the law or determination about case referral to the prosecutor for remedial action of pretrial investigation of technical nature on part one of article 401-1 Code of Criminal Procedure
.4. Explain that, directing case to other court with observance of rules of cognizance, the court if necessary can resolve question of measure of restraint in the determination which is taken out according to article 395 Code of Criminal Procedure.
In case of the direction of criminal case on cognizance the questions specified in Items 2, of 3, 5 - 7 parts one of article 396 Code of Criminal Procedure are not permitted by court.
5. In case of purpose of criminal case to legal proceedings the judge shall find out whether there are on case declared petitions. At the same time only reasonable petitions which do not require check can be satisfied (for example, about the admission to participation in case of the defender, about writ of summons of extra witnesses, about reclamation of documents, about application of security measures, etc.).
The decision of the judge according to each declared petition is reflected in determination about purpose of case to legal proceedings.
6. In case of the decision according to Item 2 of article 396 Code of Criminal Procedure of question of sufficiency of the basis for consideration of the case in judicial session the judge needs to proceed from the requirements provided in article 82 Code of Criminal Procedure. According to which shall be established by bodies of inquiry and pretrial investigation on case:
crime object, nature and the extent of the harm done by crime, the circumstances characterizing victim's identity;
time, the place, method, and also other circumstances of crime execution specified in the Criminal code of the Republic of Uzbekistan;
causal relationship between act and the come socially dangerous effects;
crime execution by this person;
crime execution with direct or indirect intent or by negligence or self-confidence;
motives and targets of a crime;
the circumstances characterizing the identity of the person accused.
In case of failure to carry out by body of inquiry or pretrial investigation of any of these requirements there are bases for carrying out in the matter of initial hearing.
7. The judge according to Item 3 of article 396 Code of Criminal Procedure needs to find out whether are observed in case of production of inquiry and pretrial investigation of the requirement of the Code of Criminal Procedure, the establishing bases and procedure for excitement and production of criminal case.
In case of detection of fundamental breaches of the criminal procedure law (for example, conducting inquiry or pretrial investigation without initiation of legal proceedings on the materials emitted concerning other person on new accusation), other violations which cannot be eliminated with court in legal proceedings (for example, production of legal proceeding by the investigator, investigator who is subject to branch on the bases, the stipulated in Article 76 Codes of Criminal Procedure, production of inquiry or pretrial investigation by person who is not included in group of inquiry or the investigation team, etc.) and also the circumstances provided in part one of article 405-12 Code of Criminal Procedure on case carrying out initial hearing is subject.
8. Explain to courts that one of the important circumstances which are subject to examination in case of purpose of case to legal proceedings is the question of the correct election concerning the person accused of measure of restraint.
In case of change of measure of restraint in determination of the judge the bases with reduction of the proofs and arguments confirming need of adoption of such decision shall be specified.
In case of cancellation or change of measure of restraint in the form of detention or house arrest person who is in custody or in house arrest is subject to immediate release (except as specified changes of measure of restraint in the form of house arrest on detention).
9. According to Item 5 of Article 396 and article 398 Code of Criminal Procedure the judge has the right to take the measures providing compensation of the property harm done by crime.
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