RESOLUTION PLENUM OF THE SUPREME COURT OF THE REPUBLIC OF UZBEKISTAN

of March 25, 2024 No. 7

About some questions of practice of consideration of criminal cases in appeal, cassation procedure

Due to the changes 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. Draw the attention of courts that review of criminal cases in appeal, cassation procedure is the important legal institution guaranteeing to participants of legal procedure the right to appeal of judgments of the first instance.

2. According to Articles 497-2, 499 of the Code of penal procedure of the Republic of Uzbekistan (further in the text of the Code of Criminal Procedure) appeal, cassation production is initiated according to the claim of the convict, justified, his defender or legal representative, victim or his representative, civil claimant, civil defendant or their representatives, and also on protest of the corresponding prosecutor or his deputy.

Appeal, cassation production can be initiated also by other persons having according to part four of Article 497-2 and part five of article 499 Code of Criminal Procedure the right to appeal of sentence in part which affects their rights and legitimate interests. Faces which are not parties to the case, but proceeding from the actual position needing judicial protection on case, in that part of sentence which affects their rights and legitimate interests (the pledger, person whose property it is seized, and others) are among such persons.

With respect thereto the Trial Court in case of adoption of the claim (protest) shall check competence of person which gave appeal, the writ of appeal (protest).

3. According to the law appeal, the writ of appeal (protest) is brought through the court which decided sentence.

The petition for appeal (protest) is submitted within ten days from the date of declaration of sentence, and the convict acquitted, who was injured (the civil claimant) - in the same time from the date of delivery of the copy of sentence by it.

The claim (protest) which is filed a lawsuit directly appeal, cassation instance is subject to the direction in the court which decided sentence for fulfillment of requirements of Article 479 and Article 497-6, and also article 503 Code of Criminal Procedure.

Everyone appeal, the writ of appeal (protest) is subject to registration with indication of receipt date.

4. The petition for recovery of submission due date of the petition for appeal (protest) is considered in judicial session solely by the judge according to part one of article 497-5 Code of Criminal Procedure about what determination is taken out.

The private complaint (protest) within ten days can be made about determination about refusal in recovery of the passed term owing to part one of article 497-11 Code of Criminal Procedure.

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