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

of June 25, 2024 No. 18

About some questions of consideration by courts of criminal cases in auditing procedure

Due to the changes and additions made to the Code of penal procedure of the Republic of Uzbekistan and also for the purpose of ensuring uniform and correct use of the provisions of the law, being guided by article 22 of the Law "About Courts", the Plenum of the Supreme Court of the Republic of Uzbekistan decides:

1. The court of auditing instance by hearing of cases in auditing procedure according to Article 482 of the Code of penal procedure of the Republic of Uzbekistan (further in the text - the Code of Criminal Procedure) according to the auditing claim (the private claim), protest (private protest) checks completeness of establishment of the actual facts of the case and correctness of application of regulations of the Criminal code (further in the text - UK), respect for norms of the Criminal Procedure Code when implementing proceeedings, legality, justification and justice of sentence, determination of Trial Court, appeal, cassation and relevant auditing authorities according to the proofs which are available in case and in addition researched by court of auditing instance.

2. In Military court of the Republic of Uzbekistan, Court of the Republic of Karakalpakstan, regional and Tashkent city courts production in auditing procedure according to Item third parts two of article 478 Code of Criminal Procedure is performed according to the auditing claim (the private claim) of the convict, justified person, their defenders and legal representatives, the victim, the civil claimant, the civil defendant and their representatives, person which is not party litigant whose rights and legitimate interests are infringed by sentence or determination of court (the pledger, person whose property it is seized, and others), on auditing protest (private protest) of the Attorney-General of the Republic of Uzbekistan, the prosecutor of the Republic of Karakalpakstan, prosecutors of areas, the city of Tashkent, the Military prosecutor of the Republic of Uzbekistan and prosecutors equated to them, and also their deputies on sentences, determination of district (city) criminal court judges, territorial public courts on the cases considered in appeal or cassation procedure and also on sentences, the determinations of these courts which are taken out in appeal or cassation instance on the cases considered by district (city) courts, territorial public courts (Article 511 and part one of article 512 Code of Criminal Procedure).

According to part three of article 478 Code of Criminal Procedure in Judicial board on criminal cases of the Supreme Court of the Republic of Uzbekistan (further in the text - the Supreme Court) production on cases in auditing procedure is performed on the basis:

determinations of the judge of the Supreme Court of the Republic of Uzbekistan about transfer of the claim (the private complaint) made in auditing procedure, for consideration in Judicial board on criminal cases of the Supreme Court, determination of the chairman of the Supreme Court or its deputy, taken out according to the procedure of part three of article 521-11 Code of Criminal Procedure by results of studying of claims (private claims) of persons specified in article 511 Code of Criminal Procedure;

protest of the Attorney-General of the Republic of Uzbekistan, his deputies on sentences, determination of district (city) criminal court judges, territorial public courts on the cases considered in appeal, cassation or auditing procedure by Military court of the Republic of Uzbekistan, Court of the Republic of Karakalpakstan, regional Tashkent city courts, and also on the sentences and determinations which are taken out by the same courts in appeal, cassation or auditing procedure on the cases considered by district (city) courts, territorial public courts;

claims of persons specified in article 511 Code of Criminal Procedure or protest of the Attorney-General of the Republic of Uzbekistan, his deputies on the sentences, determinations which are taken out on the first instance by the Supreme Court, Military court of the Republic of Uzbekistan, Court of the Republic of Karakalpakstan, regional and Tashkent city courts on the cases considered by the same courts in appeal or cassation procedure and also on the sentences and determinations which are taken out in appeal or cassation procedure on the cases considered by these courts on the first instance.

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