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

of September 24, 2004 No. 13

About court practice on cases on premeditated murder

According to the Constitution of the Republic of Uzbekistan the right to life is the inalienable right of each person. Infringement of it is worst crime.

Importance of ensuring the correct application of the penal legislation on cases on premeditated murder is caused by the fact that the law for making of this crime in case of aggravating circumstances provides purpose of lifelong imprisonment.

According to article 17 of the Law "About Courts" Plenum of the Supreme Court of the Republic of Uzbekistan decides:

1. By hearing of cases about premeditated murder courts shall fulfill strictly requirements of the law on careful, comprehensive, complete and objective investigation of the facts of the case.

On each case the fault form shall be established, motives, the purpose and method of murder are found out, and also other circumstances important for the correct legal treatment of deeds and appointment to the guilty person of just punishment are researched.

2. It must be kept in mind that premeditated murder can be committed both with direct, and with indirect intent.

When making premeditated murder the guilty person affects intentionally deprivation of life of the victim, expects socially dangerous effects, wishes (direct intention) or consciously approach of death allows (indirect intent).

3. Attempt at premeditated murder is possible only with direct intention when the guilty person realized socially dangerous nature of the act, expected the death of the victim and wished its approach, but death did not come owing to circumstances (in view of the active resistance of the victim, intervention of other persons, timely rendering medical care to the victim, etc.).

With respect thereto it is necessary to establish whether the guilty person with intention to deprive of the victim's life whether he wished approach of death what circumstances interfered with approach of desirable result acted.

4. For differentiation of premeditated murder from the intentional heavy bodily harm which entailed the death of the victim it is necessary to consider orientation of intention of the guilty person, its subjective attitude towards results of the actions - the death of the victim.

In case of premeditated murder the guilty person affects intentionally causing death whereas in case of the intentional heavy bodily harm which entailed the death of the victim, the fault in relation to death is expressed in the form of imprudence. In case of the solution of question of orientation of intention of the guilty person it is necessary to proceed from set of all circumstances of deeds and to consider, in particular, method and the crime instrument, quantity, nature and localization of bodily harms (for example, wounds of vitals of the person), the reasons of the termination of criminal acts, and also the behavior of the guilty person and victim, their relation preceding crime, nature of actions of the guilty person after crime execution.

5. Premeditated murder is qualified on part one of article 97 UK if there are no qualifying signs specified in parts two of this Article, and also the attenuating circumstances provided by articles 98-101 UK, for example, murder is committed in quarrel or fight in the absence of hooligan motives, jealousy, based on revenge, envy, hostility, the hatred which arose because of the personal relations, etc.

6. On the Item "and" of part two of article 97 UK it is necessary to qualify premeditated murder of two or more persons if actions of the guilty person were covered by single intention and were made, as a rule, at the same time.

If with intention on premeditated murder of two or more persons only one victim died, and the death of others did not come for the reasons which are not depending on the guilty person, the deeds cannot be qualified on the Item "and" of part two of article 97 UK as murder of two or more persons. In such cases of action of the guilty person the Item "and" of part two of Article 97 and the corresponding part of article 97 UK should qualify under Article 25,.

The premeditated murder of two or more persons though committed at the same time, but not covered by single intention of the guilty person is qualified on the Item "r" of part two of article 97 UK as committed repeatedly.

7. For qualification of premeditated murder on the Item of part two of article 97 UK it is necessary to establish awareness of the guilty person on pregnancy of the victim (availability of external signs and other actual data). The pregnancy duration, and also that circumstance whether its fruit died as a result of murder of the expectant mother, do not matter for qualification of deeds.

If the guilty person committed premeditated murder, mistakenly assuming pregnancy of the victim which actually was not, in the absence of the aggravating circumstances specified in part two of article 97 UK, deeds is qualified on part one of article 97 UK.

8. In case of qualification of actions of the guilty person on the Item "in" of part two of article 97 UK helpless should recognize such condition of the victim when it owing to the physiological, physical or mental condition (physical defects, frustration of mentality, juvenile or old age, painful or unconsciousness, condition of dream, heavy degree of intoxication under the influence of alcohol, drugs, their analogs, psychotropic or other strong substances) was not capable to protect itself(himself), to show active resistance to the guilty person or could not understand nature and value of the actions made with it or to direct the actions.

At the same time the guilty person shall understand that the victim is down and out.

Such degree of intoxication which arose under the influence of alcoholic beverages, drugs or psychotropic substances in case of which the victim could not understand surrounding situation can be recognized as helpless condition, at the same time does not matter who brought the victim to such state.

9. On the Item "g" of part two of article 97 UK premeditated murder of person or his close relatives in connection with accomplishment of the office or civic duty by it is qualified.

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