of September 11, 1998 No. 21
About practice of courts on compensation of the material damage caused by crimes
Compensation of the material damage caused by crime is important in ensuring immunity of any patterns of ownership, protection of the rights and interests of the state and citizens.
Cases of this category by courts are permitted generally according to requirements of the legislation.
At the same time there are facts when courts do not take measures to providing the civil action; not always show the corresponding response to cases of untimely property attachment by body of pretrial investigation; not fully research proofs about nature and the extent of the caused damage; without good causes leave civil actions without consideration; not always discuss question of possibility of compensation of damage at the expense of the money earned in the criminal way; do not show initiative to compensation of damage in the absence of the civil action; allow violation of requirements of the law on joint liability of persons which caused damage collateral actions. Not up to standard there is work about identification of the reasons and conditions promoting making of the crimes which caused material damage. The plenum of the Supreme Court of the Republic of Uzbekistan decides:
1. Draw the attention of courts to need of exact and unaccounted accomplishment of the legislation on compensation of the material damage caused by crime.
On each case on the crime which caused material damage, the court in case of the resolution of sentence shall resolve the civil action and if the claim is not made - to discuss question of decision making of compensation of damage on own initiative. In exceptional cases, according to the legislation of the Republic of Uzbekistan, the court can recognize for the civil claimant the right to satisfaction of the claim with transfer of question of its size for consideration according to the procedure of civil legal proceedings when it is impossible to make detailed calculation about the claim size without adjournment of legal proceedings and provided that the extent of damage does not influence qualification of deeds, appointment to the defendant of measure of punishment and the solution of other questions arising in case of the resolution of sentence.
The court has no right to accept refusal of the civil claimant of the claim if the damage caused to the state company, organization or the organization is not compensated.
2. Owing to Art. 56 of the Code of Criminal Procedure of the Republic of Uzbekistan as the civil claimant in criminal case it can be recognized the person, and also the company, organization and the organization who are legal entities, suffered material damage from crime or socially dangerous act deranged and imposed requirement about its compensation.
The civil action for the benefit of minors, and also persons recognized as incapacitated can be shown by their legal representatives or the prosecutor.
In case of the death of person whose property was lost or damaged as a result of crime in criminal procedure his heirs have the right to presentation and maintenance of the civil action.
If in the course of pretrial investigation the civil action was not declared, the court shall explain to the company, organization, the organization or person which suffered material damage, their right to make the civil action to the defendant or to persons who under the law bear liability for it.
In case of non-presentation of such claim the court has the right to make on own initiative the decision on assignment on the convict of obligation to indemnify the loss caused by crime.
Person who did not make the civil action in criminal procedure, and is equal person whose claim was left without consideration, has the right to show it according to the procedure of civil legal proceedings.
3. In case of causing material damage criminal acts of the minors which did not reach 14 years, their parents (adoptive parents), guardians or other persons, and also the organizations, the companies and the organizations attracted according to the procedure of Art. 58 of the Code of Criminal Procedure as civil defendants shall bear financial responsibility if they do not prove that the damage arose not on their fault.
Minors aged from fourteen up to eighteen years bear responsibility for damage suffered in accordance with general practice independently. In case the minor aged from fourteen up to eighteen years has no property or other sources of the income sufficient for compensation of damage, it shall be compensated completely or in missing part by his parents or other legal representatives.
The judgment about assignment of obligation to indemnify the loss caused by crime of minors it shall be taken out concerning both parents taking into account equality of their rights and obligations.
4. In case of purpose of case to legal proceedings the court needs to find out whether the civil action is made, whether measures for ensuring compensation of the material damage caused by crime are taken. If person making inquiry, or the investigator did not take the measures providing compensation of damage, the court based on Art. 290 of the Code of Criminal Procedure shall take such measures on own initiative or oblige to make it relevant organs about what determination is taken out.
Property attachment of perpetrators and its inventory are the most important forms of ensuring compensation of material damage. At the same time absence in case papers of the belongings list, the damage which is subject to the address in compensation, does not form the basis to leaving without consideration of question of compensation of material damage as such property can be revealed also in the course of execution of sentence. At the same time courts shall react removal of private determinations at each fact of rejection or untimely acceptance by bodies of inquiry and pretrial investigation of measures to seizure and the belongings list of perpetrators.
5. In cases when the damage is caused by collateral actions of the defendant and other person concerning whom criminal case was allocated in separate production, the court assigns obligation on compensation of damage in complete size to the defendant. In case of removal in subsequent conviction against person, case on which was allocated in separate production, the court has the right to assign to it obligation to indemnify loss solidary with earlier condemned.
If material damage is caused to defendants together with other person against whom the case was dismissed, the court assigns obligation on compensation of damage in complete size to the defendant and explains to the civil claimant the right to show according to the procedure of civil legal proceedings to persons, the case concerning relation was dismissed, the claim for compensation of damage solidary with the convict.
Specifying in sentence on collection of the damage caused by collateral actions from persons concerning whom are dismissed cases or allocated in separate production is inadmissible.
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