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

of September 11, 1998 No. 20

About court practice on cases on bringing to suicide

(as amended of the Resolution of the Plenum of the Supreme Court of the Republic of Uzbekistan of 29.11.2017 No. 46)

Courts, generally correctly apply the legislation on cases on bringing persons to suicide. At the same time not always the reasons and conditions promoting making of these crimes are deeply and comprehensively opened, the facts of bringing to suicide not always become property of the public. Therefore due measures to the prevention of crimes are not taken.

In court practice the facts of the wrong qualification of actions of guilty persons, superficial assessment of proofs are allowed.

For the purpose of non-admission of similar violations, the correct application on each specific case of material and procedural rules of the legislation the Plenum of the Supreme Court of the Republic of Uzbekistan decides:

1. Draw the attention of courts that by consideration of each specific criminal case about bringing to suicide and inducement to suicide it is necessary to observe the requirement of the law on comprehensive, complete investigation of all circumstances of the committed crime.

2. Explain to courts what suicide or attempt at it which was result of actions, legal on content and form cannot attract for person who made these actions, responsibility according to Art. 103 of UK.

At the same time isolated insignificant cases of insult, humiliation of personal advantage do not form the actus reus provided Art. 103 of UK requiring systematicity (not momentariness) of these actions and responsibility in such cases comes for actually committed actions under the relevant articles of the Criminal code providing responsibility for crimes against the personality.

3. It is necessary to understand cases of the rough and ruthless attitude towards the victim which inflicts on it physical or mental suffering as ill treatment (for example, systematic drawing beating, deprivation of food, water, etc.).

It is necessary to understand cases of numerous humiliation of honor and advantage of the victim (for example, slanderous fabrications, insults, persecution, etc.) put to guilty persons as systematic humiliation of honor and advantage.

4. Indicate to courts the need of the correct qualification of actions of convicts by the corresponding parts of Art. 103 of UK, meaning that the p. 2 of this Article requires availability of material or other dependence of the victim on the guilty person which shall be established based on assessment of actually developed and existing relations between these persons.

It is necessary to understand cases in case of which the victim got from the guilty person the material support provided by the law (money, food, clothes, etc.) or was at it in dependence as material dependence.

It is necessary to understand job or other dependency as other dependence (for example, from the chief, the teacher, the head, the relative in connection with implementation of guardianship, guardianship, etc.).

4-1. Draw the attention of courts that unlike bringing to suicide or bringing to attempt at suicide which is committed using threats, ill treatment or systematic humiliation of honor and advantage of the personality, in case of inducement to suicide (article 103-1 UK) the perpetrator intentionally initiates at other person determination to commit suicide by arrangement, deception or other way suppressing will of the person (for example, propaganda of the ideas spreading pessimism).

5. Explain to courts that actions guilty of bringing to suicide require additional qualification if suicide and bringing to it was result of making by the guilty person of other more serious crime concerning the victim whose list does not cover the specified actions.

6. From the subjective party the crime in the form of bringing to suicide is committed by indirect intent or imprudence in relation to effects, and inducement to suicide - is intentional.

7. In cases when in case of crime execution, stipulated in Article 103 UK, for any reasons there did not come the death of the person, actions of the guilty person do not require additional qualification under article 25 UK as the disposition of article 103 UK provides responsibility not only for bringing to suicide, but also for attempt at suicide.

Application of article 25 UK is not required also concerning person who committed crime, stipulated in Article 103-1 UK as this crime is considered finished from the moment of inducement of person to suicide.

8. Courts should increase insistence to materials of pretrial investigation, to take measures for elimination of the reasons and conditions promoting making of these crimes, private determinations.

9. Declare invalid the Resolution of the Plenum of the Supreme Court of the Republic of Uzbekistan of June 29, 1965 with the changes made of December 12, 1983 by N29 "About Court Practice on Cases on Bringing to Suicide".

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

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