of September 15, 2000 No. 21
About court practice on cases on crimes of minors
Courts, considering cases on crimes of minors, generally provide the correct application of the laws.
At the same time, by hearing of cases of this category by courts requirements of regulations criminal and criminal procedure law are not always observed.
The due attention is not always paid to clarification of the reasons and conditions promoting making of crimes the measures provided by the law directed to their elimination are not taken.
In court practice cases of the wrong qualification of the criminal actions, superficial assessment collected in the matter of proofs non-compliance with the principles of individualization of punishment and appointment it without circumstances of the committed crime, age, marital status, the state of health, working capacity, conduct of life of the perpetrator take place.
In the presence of the bases for application of enforcement powers, stipulated in Article 87 Criminal codes, the question of release of minors from responsibility or the imposed penalty is not discussed.
For the purpose of ensuring rule of law, elimination of the available shortcomings, the correct application of regulations of substantive and procedural law by courts the Plenum of the Supreme Court of the Republic of Uzbekistan decides:
1. Pay attention that by hearing of cases about crimes of minors it is necessary to perform steadily the rules of practice provided by the law for this category of persons, based on concepts of justice and humanity, carefully and to research without prejudice collected in the matter of the proof, to give them proper assessment taking into account the identity of the guilty person and degree of public danger of the crime committed by it.
2. In case of purpose of cases on crimes of minors to legal proceedings it is necessary to check carefully justification of application of measure of restraint in the form of detention, having at the same time in type that such measure of restraint according to articles 242 and 243 Codes of Criminal Procedure and explanations stated in the resolution of the Plenum of the Supreme Court of November 14, 2007 "About application of measure of restraint by courts in the form of detention at stage of pre-judicial production" can be chosen as unique in these conditions when it is caused by degree of public danger of the committed crime and the identity of the defendant.
In case of the unreasonable conclusion of the minor into custody the court shall change measure of restraint without delay.
3. By hearing of cases about crimes of minors it must be kept in mind that participation of the lawyer on such cases is obligatory irrespective of whether the person accused reached age of majority by this time. This rule is applied also to cases when person is accused of crimes, one of which is made by it aged up to 18 years, and another - after attainment of majority.
According to requirements of Article 51 of the Code of penal procedure during preliminary inquiry and legal proceedings of cases on the crimes committed by minors, participation of the lawyer is obligatory. This rule is applied and in case of refusal the minor from protection based on article 52 Code of Criminal Procedure.
Non-compliance with requirements of the procedural law on obligatory participation of the lawyer for this category of cases according to articles 419 and 487 Codes of Criminal Procedure shall be considered as the fundamental breach of the criminal procedure law attracting cancellation of sentence.
The proofs collected without participation of the lawyer when its participation in legal proceedings is obligatory have no legal force.
4. According to Articles 551 and 562 of the Code of penal procedure the court informs on time and the place of hearing of cases about crimes of the minor parents, persons replacing them, representatives of guardianship and custody bodies, educational institutions, the companies, the organizations where the minor, the commissions on cases of minors, self-government institutions of citizens, and also, if necessary, representatives of other bodies studied or worked. The court has the right to cause and interrogate as witnesses of representatives of data of the organizations, the guardian or the custodian of the defendant, and also the representative of the commission on cases of minors.
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