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

of June 23, 2023 No. 18

About court practice on some questions of the indemnification caused to the rehabilitee and its recoveries in other rights

Due to the questions arising in court practice on compensation to the rehabilitee of harm and its recovery in other rights based on article 22 of the Law "About Courts", the Plenum of the Supreme Court of the Republic of Uzbekistan decides:

1. In case of establishment of the circumstances provided in Article 83 of the Code of penal procedure of the Republic of Uzbekistan (further in the text - the Code of Criminal Procedure) at stage of pre-judicial production, rehabilitation of person is performed by means of such procedural documents as refusal in initiation of legal proceedings, the termination of accusation in the relation of person involved on case in quality of the suspect or the person accused, pronouncement of the verdict of not guilty in court, the termination of criminal case.

2. Rehabilitation is recovery of the violated rights and freedoms of person which is unreasonably attracted to criminal prosecution.

According to article 302 Code of Criminal Procedure the rehabilitee has right to claim to compensation property and elimination of effects of the moral harm done to it by illegal arrest, illegal detention or the room under house arrest as measure of restraint, illegal suspension of action of the passport (travel document), illegal discharge from position in connection with attraction to participation in case in quality of the person accused or the illegal placement to medical institution and also shall be recovered in labor, pension, housing and other rights.

3. In other rights based on rehabilitation, persons have right to claim of indemnification and recovery:

concerning which criminal prosecution acknowledged illegal or unreasonable, criminal case is dismissed on the bases provided by Items 1, of 2, 3 articles 83 Codes of Criminal Procedure (there is no event of crime concerning which criminal case was brought and investigation or legal proceedings was made, there is no actus reus in acts of person, person is not privy to the committed crime);

based on article 36 of the Criminal Code of the Republic of Uzbekistan (the action or failure to act though which is falling under signs of the act provided by this Code as crime, but not having public danger owing to insignificance is not crime).

Persons placed in medical institution can also require recovery of the rights in case of cancellation of enforcement powers of medical nature based on the judgment, in connection with their illegal application.

4. In case termination of criminal case:

in connection with lapse of time of attraction of person to responsibility;

podpadaniye of the committed crime or person under operation of the announced act of amnesty;

approaches of death of the person accused, defendant;

lack of the claim of the victim if proceedings can be initiated precisely according to its claim;

not achievement of person, by the time of making of socially dangerous act, age from which criminal liability is possible;

on the bases provided in the relevant articles of the Special part of the Criminal Code of the Republic of Uzbekistan in connection with active repentance of the guilty person or compensation in the specified time of the caused material damage and (or) elimination of effects of crime;

and also, in connection with the adoption of law eliminating crime of act (decriminalization) or commuting penalty (liberalization), person has no right to require recovery of the rights on the rehabilitation bases as the specified circumstances are not the basis for recognition of initiation of legal proceedings and other decisions unreasonable or illegal.

5. Partially rehabilitated person accused or the convict has the right to require compensation of the done property harm, and elimination of effects of moral harm only in their unreasonable part (Art. 303 of the Code of Criminal Procedure).

In case of partial rehabilitation of person, the term of detention, house arrest, the served sentence of custodial sanction or restriction of freedom exceeding the term of the imposed penalty is recognized unreasonable, except as specified changes of custodial sanction or restriction of freedom in connection with compensation of damage.

In adjudgement cases without assignment of punishment, in case of establishment of unreasonable detention, detention or house arrest, the placement to medical institution all term of detention or house arrest, placements to medical institution, is recognized unreasonable.

6. According to Article 304 of the Code of Criminal Procedure to the rehabilitee the following property harm done by the illegal actions listed in articles 302 and 303 Codes of Criminal Procedure is compensated in full:

earnings and other labor earnings which rehabilitated lost as a result the illegal actions made concerning it;

pension and benefit if their payment was suspended;

money, money deposits and percent for them, bonds of state loans and prizes which dropped out on them, shares and other securities, and also cost of things and other property seized or turned into the income of the state based on sentence determinations (resolution) of court;

property value, the inquiry withdrawn by bodies, pretrial investigation or court and lost by them;

the penalties and legal costs collected in pursuance of the court verdict;

the amounts paid by person to lawyer bureaus, board or firm for rendering legal aid and also other expenses incurred by it as a result of the illegal actions made concerning it.

In case of death of compensation for harm rehabilitated the right, in connection with suspension of pension payments and benefits, members of his family who treat the group of people, provided with pension on the occasion of loss of the supporter, in all other cases - his heirs acquire.

As the right to compensation of moral harm is in terms of money connected with the rehabilitee, in case of the death of the rehabilitee, his heirs do not acquire the right to claim of moral harm in terms of money.

7. Court in the verdict of not guilty or determination about diversion, and the investigator, the investigator, the prosecutor - in the resolution on diversion, the taken-out on the bases, stipulated in Article 83 Codes of Criminal Procedure, recognizes for rehabilitated the right to collection of property harm, to recovery of labor, pension and housing laws, and also to the requirement of return of property or its cost according to the procedure, provided in Articles 304 - 313 Codes of Criminal Procedure (part 1 of article 306 Code of Criminal Procedure article 311 Code of Criminal Procedure).

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