of October 25, 2002 No. 27
About court practice on cases on conciliation
As show data of legal statistics and results of generalization of court practice on cases on conciliation, introduction of this institute in the penal legislation was effective remedy in liberalization of criminal legal relations. The specified institute allowed to protect more reliably the victim's rights, to lower criminal record condition in the republic, it is essential to expand application of institute of release from criminal liability.
Courts generally correctly resolve cases on conciliation. At the same time, in case of application of this law there are some mistakes and difficulties.
For the purpose of ensuring uniform application of this legal institution in court practice and strict observance of requirements of the law, according to article 17 of the Law of the Republic of Uzbekistan "About courts", the Plenum of the Supreme Court decides:
1. Explain to courts that the institute of conciliation as type of release from criminal liability forms the basis of the termination of criminal cases without solution of question of guilt of person.
The list of crime components this in article 66-1 of the Criminal code on which production on cases on conciliation is possible is exhaustive and is not subject to extensive interpretation.
The procedure for production on cases on conciliation is established in Chapter 62 of the Code of penal procedure.
2. Courts should mean that the law provides certain requirements to form, content and procedure for filing of application about conciliation.
The application for conciliation in all cases is submitted in writing with indication of data on smoothing down of the harm done by crime, (or refusal of the victim of compensation to it harm) and request for the termination of criminal case in connection with conciliation.
The victim (the civil claimant) recognized as that in the procedure established by the law or his legal representative is given the right of initiation of production on cases on conciliation.
When on case along with the victim also the civil claimant participates, initiation of production on cases on conciliation requires submission of the corresponding statement as injured, and the civil claimant.
Similar requirements are established by the law and when on case there are one suspect, the person accused, the defendant and several victims. In the absence of the corresponding statement at least from one of the victims, production on cases on conciliation is excluded. In such cases criminal proceeding is conducted in accordance with general practice.
3. Explain that the law provides possibility of filing of application about conciliation at any stage of inquiry and pretrial investigation, that is from the moment of involvement of person to participation in case in quality of the suspect or the person accused, and also in judicial session before removal of the court considering criminal case on the first instance, in the consultative (certain) room, except as specified, provided in part two of article 583 Code of Criminal Procedure.
The statement for conciliation on the cases connected with spousal (household) assault can be submitted at any stage of legal proceedings, but before the court is removed to the certain room (the consultative room)
.4. For the purpose of ensuring application of the law on liberalization of criminal penalties, increase in legal culture of the population courts by hearing of cases about conciliation shall pay attention to accomplishment by bodies of inquiry and the investigation of requirements of the law on need of explanation to the victim (the civil claimant), the suspect, the person accused and their legal representatives of essence of institute of conciliation, the basis of release from criminal liability, the stipulated in Article 66-1 Criminal code, and reflection of it in the relevant protocol.
The compulsory provision, the established law for the investigator, the investigator, the prosecutor and court on cases on conciliation, is the obligation assigned to them to explain to the victim (the civil claimant) or his legal representative the conciliation consequence in law arising after approval by its court. Non-compliance with this requirement of the law can be the basis for cancellation of the decision made on the case of conciliation.
Courts should mean that the victim (the civil claimant) or his legal representative has the right to refuse conciliation with the suspect, the person accused, the defendant only before removal of Trial Court to the consultative (certain) room.
5. For the purpose of ensuring efficiency and guarantees of use of the provisions of the law about conciliation, protection of the rights of the suspect, the person accused, the defendant and the victim (the civil claimant), for pronouncement of the resolution on the case of conciliation and the directions of case in court ten-day term is established by the law.
Explain that this term is estimated from the moment of giving by the victim (the civil claimant) of the statement. In cases of filing of application before initiation of legal proceedings the specified term is estimated from the moment of initiation of legal proceedings. If in case of filing of application the issue of availability in acts of person of signs of any actus reus, the stipulated in Article 66-1 Criminal code is not resolved of conciliation on criminal case, the term of consideration of the application is estimated since the moment when good causes for qualification of act are established.
Judicial session on cases on conciliation is held no later than ten days from the date of receipt of criminal case in court. And in cases of filing of application about conciliation in judicial session the court starts its consideration without delay.
Courts should react to the facts of violation by the investigator, investigator or prosecutor of terms of the direction of case in court and to take out private determinations for the purpose of their prevention.
6. When on case one victim (the civil claimant) and several suspects participate, persons accused, defendants, the law allows possibility of achievement of conciliation of the victim (the civil claimant) with separately taken from them.
In such cases part of case in the relation of suspects, persons accused, defendants with whom conciliation is reached is allocated and taken to court according to the procedure of Article 584 of the Code of penal procedure, and concerning the others production is performed in accordance with general practice.
7. Courts should mean that the group of people, participating on cases on conciliation, differs from participants of process on other categories of criminal cases a little.
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