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of December 19, 2003 No. 17

About practice of application by courts of the laws providing to the suspect, the person accused right of defense

(as amended on 14-05-2022)

The right of the suspect, person accused, defendant, convict, justified (further - the suspect, the person accused) on protection is one of the fundamental principles of criminal trial, the guaranteeing acceptance in the matter of the legal, reasoned and fair decision.

Studying of court practice shows that bodies of inquiry, the investigations, and also courts the right of defense in general is provided to the suspect, the person accused.

At the same time, value of this legal institution as most important factor of respecting the rule of law and establishment of the truth on case is underestimated. The facts of gross violation of the rights of the suspect accused on protection as during inquiry and pretrial investigation, and legal proceedings are not obsolete.

For the purpose of ensuring steady fulfillment of requirements of the law, eradication of the facts of violation of the right of the suspect accused on protection according to article 17 of the Law of the Republic of Uzbekistan "About courts", the Plenum of the Supreme Court of the Republic of Uzbekistan decides:

1. Explain to courts that the right of the suspect accused on protection follows directly from normkonstitution of the Republic of Uzbekistan, guaranteeing everyone ensuring personal liberty and immunity.

2. The right of the suspect accused on protection is set of the procedural opportunities (means and methods) for confutation of the arisen suspicion given it by the law, the brought charge or mitigation of responsibility and punishment.

3. The right of defense is provided in all stages of criminal trial.

Under the law (articles 24, of 64 Codes of Criminal Procedure) all state bodies and officials responsible for criminal proceeding (the investigator, the investigator, the prosecutor, the judge), shall explain to the suspect, the person accused the rights granted to it and to create real conditions for use of the right of defense by it.

4. Courts should observe strictly requirements of the law on obligatory research of all subjects to proof of the facts of the case, carefully, comprehensively, fully and objectively to reveal the circumstances not only catching, but also acquitting the person accused, and also mitigating and aggravating its responsibility.

For establishment of the truth on case only those proofs which are collected, checked and estimated according to the procedure, provided by the Code of penal procedure can be used. The evidence obtained with violation of requirements of the procedural law cannot be the basis for accusation.

5. Important guarantee of providing to the suspect, the person accused of right of defense is strict observance of the constitutional principle of presumption of innocence according to which the suspect, the person accused is considered innocent until his guilt is not proved in the procedure provided by the law and is established by the court verdict which took legal effect.

On the suspect, the person accused the obligation cannot be assigned to give evidences, to inadmissibly assign to him proof of the innocence or any facts of the case. Such obligation, based on the law, lies on officials of the state bodies responsible for criminal proceeding.

All doubts in guilt if opportunities to eliminate them are exhausted, shall be interpreted for benefit of the suspect, the person accused. In their advantage also any doubts which arose in case of application of the law are permitted.

6. Courts shall provide unconditional observance of requirements of article 25 Code of Criminal Procedure providing the principle of competitiveness of production in court.

The principle of competitiveness assumes separate implementation of functions of accusation and protection. At the same time the court cannot be on the side of accusation or the party of protection and shall not express their any interests. Court, keeping objectivity and impartiality, shall perform function of permission of case, i.e. give to the parties equal opportunities for upholding of the line items by realization of procedural law.

Under the law of the party in process have the equal rights to produce the evidence, to participate in their research, to declare petitions, to express the opinion on any question important for the correct permission of case, removal of legal and reasoned decision.

Courts should mean that competitiveness of production in court is possible only when ensuring continuous participation in judicial session of the state prosecutor and the defender (except as specified refusal of the defender in the procedure established by the law).

7. Essential element of providing the right of the suspect accused on protection is provision to it the law of the right of appeal in accordance with the established procedure of legal proceedings and decisions of the investigator, investigator, prosecutor and court (judge).

Claims to actions and decisions of the state bodies and their officials responsible for criminal proceeding can be submitted also by the defender and the legal representative of the suspect, the person accused.

8. According to article 49 Code of Criminal Procedure the defender is allowed to participation in case at any stage of criminal procedure, and during detention of person - from the moment of the actual restriction of its right to liberty of movement.

At the same time it must be kept in mind that in cases of detention of person on the bases, the stipulated in Article 221 Codes of Criminal Procedure, it becomes the suspect from the moment of the actual restriction of its right to liberty of movement though the protocol of detention is constituted after delivery of the detainee in law-enforcement body or other law enforcement agency. From this point the detainee has all rights of the suspect, including, the right to have the defender, on phone call or to the message to the lawyer or the close relative to refuse evidence, and also that its indications can be used as the proof on criminal case against it. Therefore, under such circumstances, it is impossible to interrogate him as the witness, to carry out with it investigative actions without announcement of the resolution on attraction it to case in quality of the suspect, explanation of its rights and obligations.

The similar legal status has also person who filed in the relevant state body petition about guilty (article 113 Code of Criminal Procedure).


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