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

of August 22, 1997 No. 13

About accomplishment of the resolution of the Plenum of the Supreme Court of the Republic of Uzbekistan by courts of October 27, 1995 "About court practice on cases on the crimes constituting illicit trafficking in narcotic substances and psychotropic substances"

Having discussed reports of chairmen of the Kashkadarya, Surkhandarya and Khorezm regional courts on accomplishment of the Resolution of the Plenum of the Supreme Court of the Republic of Uzbekistan of October 27, 1995 "About court practice on cases on the crimes constituting drug trafficking or psychotropic substances" and also notes materials of cassation and supervising practice, the Plenum that the specified resolution exerted positive impact on practice of consideration by courts of criminal cases about this category of the crimes constituting exclusive danger to society.

However courts not always provide strict accomplishment of the penal and procedural legislation and the instructions of the Supreme Court directed to increase in level of implementation of justice on cases on drug trafficking.

The mistakes connected with establishment of the size of acreage of narkotikosoderzhashchy cultures, and also intention of the guilty person on the subsequent production, sale or sale of drugs and psychotropic substances that leads to incorrect legal evaluation of deeds are made. In some cases making of crimes the group of persons this to category, was unreasonably qualified on the basis of organized group.

The facts of the wrong differentiation of concepts sale and sale of drugs or psychotropic substances are widespread though the Plenum of the Supreme Court made on this matter clear explanations, having emphasized in particular that sale of drugs is the most dangerous form of their sale and assumes obtaining for them material values while sale consists in their voluntary conveyance to other person about what it is specified in Items 5 and 6 of the Resolution of the Plenum of the Supreme Court of the Republic of Uzbekistan of October 27, 1995.

On number of cases of person the stored drugs or psychotropic substances, in the absence of indisputable proofs, were unreasonably condemned for attempt at their sale or storage with sales objective.

Instructions of the Supreme Court about need of exact establishment of type and amount of drugs or psychotropic substances by purpose of examination as this circumstance is important for qualification of actions of the guilty person are not fully followed.

In case of investigation and legal proceedings of cases of this category cases of gross violation of regulations of the procedural legislation are allowed, for example, in case of withdrawal of drugs at the suspect, implementation of control purchase which on separate cases contains instigation elements to crime execution that is absolutely inadmissible. Claims of citizens to the unlawful methods of investigation, other violations of legality became frequent.

Not always courts observe requirements of the general beginnings of assignment of punishment for this category. Unreasonably stiff penalties were imposed to minor participants of crimes, women, elderly people, minors.

At the same time courts should use all force of the law against organizers of crimes, members of organized criminal groups.

For the purpose of ensuring strict observance of the legislation directed to fight against illicit trafficking in drugs and psychotropic substances, elimination of the mistakes taking place in court practice, the Plenum of the Supreme Court of the Republic of Uzbekistan decides:

1. Draw the attention of judges of the Republic of Uzbekistan to need of strict accomplishment of the penal legislation directed to fight against illicit trafficking in drugs and psychotropic substances and also Resolutions of the Plenum of the Supreme Court of the Republic of Uzbekistan of October 27, 1995 on the matter.

2. To chairmen of the Supreme Court of the Republic of Karakalpakstan on criminal cases, regional, Tashkent city criminal court judges, and also Military court of the Republic of Uzbekistan to provide proper judicial supervision behind consideration of criminal cases about the crimes constituting illicit trafficking in drugs and psychotropic substances, taking measures to elimination of violations of regulations of the penal and procedural legislation.

3. To appeal, cassation and supervising degrees of jurisdiction systematically to study and generalize court practice on this category of cases, timely correcting the made miscarriages of justice.

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