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.
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