of September 22, 1994 No. 2013-XII
The procedure for production in the territory of the Republic of Uzbekistan is determined by criminal cases by the Code of penal procedure.
The procedure for production established by this Code on criminal cases is single and obligatory for all courts, bodies of prosecutor's office, the investigation, inquiry, legal profession, and also citizens.
Tasks of the criminal procedure legislation are bystry and complete disclosure of crimes, exposure of guilty persons and ensuring the correct application of the law everyone, committed crime, was subjected to just punishment and any innocent was not made responsible and condemned.
The procedure for production established by the criminal procedure legislation on criminal cases shall promote legality strengthening, the prevention of crimes, protection of interests of the personality, the state and society.
Production on criminal cases is conducted according to the legislation existing at the time of production of inquiry, pretrial investigation and legal proceedings on case irrespective of the place of crime execution if other is not established by the contracts and agreements signed by the Republic of Uzbekistan with other states.
Production on cases on the crimes committed by foreign citizens and stateless persons is conducted in the territory of the Republic of Uzbekistan according to this Code.
This Code is applied to persons who are immune in the part which is not contradicting international treaties and agreements which participant is the Republic of Uzbekistan.
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The judge, the prosecutor, the investigator, the investigator, the defender, and also all persons participating in production on criminal cases shall observe and perform precisely requirements of the Constitution of the Republic of Uzbekistan, of this Code and other legal acts of the Republic of Uzbekistan.
Any departure from exact execution and compliance with laws, by whatever motives it was caused, is violation of legality in criminal procedure and involves the established responsibility.
According to the Constitution of the Republic of Uzbekistan justice on criminal cases is performed only by court.
Criminal cases are considered jointly, and cases on the crimes provided parts two - the fourth Article 15by of the Criminal code - the judge solely.
If during legal proceedings on the criminal case considered solely by the judge the circumstances specifying making of the crimes provided by part five of article 15 of the Criminal code are established, consideration of the case continues solely the same judge by whom it was begun
In case of joint consideration of the case by Trial Court the judge and two jurymen are part of court. The Supreme Court of the Republic of Uzbekistan considers cases in the list of three judges.
When implementing justice jurymen have all rights of the judge. They have the equal rights with the chairman in judicial session in the solution of all questions arising during consideration of the case and the resolution of sentence.
Hearing of cases in boards of the relevant courts in appeal, cassation and auditing procedure is performed as a part of three judges. Appeal, cassation or auditing claims (protests) to sentences of the Supreme Court of the Republic of Uzbekistan are considered in Judicial board on criminal cases of the Supreme Court of the Republic of Uzbekistan as a part of five judges. In Presidium of the Supreme Court of the Republic of Uzbekistan - is considered with most of members of Presidium
.The presidium of the Supreme Court of the Republic of Uzbekistan considers cases with most of members of presidium.
When implementing justice of the judge and jurymen are independent and submit only to the law. Judges and jurymen consider and resolve criminal cases on the basis of the law.
Any intervention in activities of judges and jurymen on administration of law inadmissibly also attracts legal accountability.
The prosecutor, the investigator and the investigator shall bring within the competence criminal case in each case of detection of essential elements of offense, take all measures provided by the law to establishment of event of crime, persons guilty of crime execution, and to their punishment.
Justice on criminal cases is performed on the basis of equality of citizens before the law and court irrespective of floor, race, nationality, language, religion, beliefs, social origin, social standing.
The judge, the prosecutor, the investigator and the investigator shall respect honor and advantage of persons participating in case.
Nobody can be subjected to tortures, violence, another to the cruel or degrading honor and advantage of the person address.
Accomplishment of actions or pronouncement of decisions which degrade honor and advantage of the person is forbidden, lead to distribution of data on circumstances of his private life, threaten his health, unreasonably inflict on it physical and moral suffering.
All state bodies and officials responsible for criminal proceeding shall protect the rights and freedoms of the citizens who are involved in criminal trial.
Nobody can be subjected to arrest or detention differently as based on the judgment.
The court and the prosecutor shall exempt immediately everyone illegally imprisoned or being held in custody or being under house arrest over the term, provided by the law or the adjudication.
Private life of citizens, immunity of their dwelling, the mystery of correspondence, cable messages and telephone negotiations are protected by the law.
The search, dredging, survey of the dwelling or other room and the territory occupied by person seizure of post and cable correspondence and its dredging in organizations of communication, listening of the negotiations which are conducted with phones and other telecommunication devices, removal of information transferred on them can be made only in cases and according to the procedure, established by this Code.
The damage caused to person as a result of violation of its rights and freedoms in case of proceeedings is subject to compensation on the bases and according to the procedure, the established this Code.
Trial of criminal cases in all courts opened, except as specified, when it contradicts interests of protection of the state secrets and also when cases on sex offenses are considered.
At the initiative of court or according to the petition of participants of criminal procedure open trial of criminal cases in courts can be conducted with use audio-and videos, and also in the video conferencing mode.
The closed judicial review is allowed by determination of court on cases on crimes of persons which did not reach eighteen-year age and also on another matters with the purpose to prevent disclosure of data on private life of the citizens or data degrading their honor and advantage and in cases when it is required by interests of safety of the victim, witness or other persons participating in case, and equally in members of their families or close relatives.
Personal correspondence and personal cable messages can be announced in proceeding in open court only with the consent of the persons who were sending and receiving these letters and messages. Otherwise they are disclosed and researched in the closed judicial session.
Consideration of the case in the closed judicial session is made with observance of all procedural rules. Determination of court about consideration of the case in closed meeting can be taken out concerning all trial or its separate parts. This determination concerns public and does not extend to participants of criminal procedure.
Use of system of video conferencing in the closed judicial session is not allowed, and audio-and the video of such meeting is not made.
The court has the right to permit close relatives of the defendant and the victim, and also to other persons to be present when holding private meetings, having warned them about responsibility for disclosure of data on the circumstances researched in these meetings.
The court has the right to prohibit to individuals to be present at court room during the open sessions if it is necessary for maintenance of procedure in courtroom.
In court room sound recording, photography, video and filming are allowed only with the permission of the chairman in judicial session about what the corresponding determination is taken out.
Sentences, determinations and resolutions of courts in all cases are proclaimed publicly.
The judgments which took legal effect can be published on the official website of court with the consent of participants of criminal procedure or with depersonalization, except for judgments on the cases considered in the closed judicial sessions.
For expansion of publicity in judicial activities courts can in necessary cases notify media men, the relevant public associations and collectives about the forthcoming processes, and also to carry out them directly at the companies, in organizations, the organizations, self-government institutions of citizens and educational institutions.
Introduction of the additional requirements limiting the principle of open trial of criminal cases in courts except the cases which are directly provided by this Code is forbidden.
Criminal proceeding is conducted in the Uzbek, Karakalpak languages or in language of the majority of the population of this area.
The right orally or in writing to make statements, to give evidences and explanations, to declare petitions and claims, to appear in court in the native language or other language which they know is provided to the participants of process who are not owning or insufficiently aware of language on which production is conducted. In these cases, and also in case of acquaintance with case papers participants of process according to the procedure established by the law having the right to use the help of the translator.
The investigative and court documents which are subject to delivery to the person accused, the defendant or other participants of process shall be translated into their native language or other language which they know.
In case of investigation and judicial review of criminal cases the investigator, the investigator, the prosecutor and court has the right to use, within the competence, the help of the public for establishment of circumstances of crime execution, search and exposure of guilty persons, removal of fair sentence, and also for identification of the reasons of the crimes and conditions promoting its making.
Representatives of public associations and collectives have the right to participate in production on criminal cases as public prosecutors and public defenders.
The investigator, the investigator, the prosecutor and court shall find out whether the crime event who is guilty of its making, and also all other, related circumstances took place.
For establishment in the matter of the truth only those data which are found, checked and estimated according to the procedure, provided by this Code can be used. It is forbidden to solicit testimonies of the suspect, person accused, defendant, victim, witness and other persons participating in case by violence, threats, infringement of their rights and other illegal measures.
All facts of the case which are subject to proof shall be researched carefully, comprehensively, fully and objectively. In case of the decision any arising in questions the circumstances both catching, and acquitting the person accused or the defendant, and also mitigating and aggravating its responsibility shall be found out and considered.
Addresses about application of the unlawful methods when collecting and fixing proofs are subject to obligatory check with conducting medicolegal or other examination according to the procedure, established by the legislation.
The suspect, the person accused or the defendant is considered innocent so far his guilt in crime execution will not be proved in the procedure provided by the law and established by the court verdict which took legal effect.
The suspect, the person accused or the defendant shall not prove the innocence.
All doubts in guilt if opportunities to eliminate them are exhausted, shall be permitted for benefit of the suspect, the person accused or the defendant. For benefit of the suspect, the person accused or the defendant also the doubts arising in case of application of the law shall be permitted.
The suspect, the person accused and the defendant have right of defense.
The right of defense is provided with obligation of the investigator, investigator, prosecutor, court to explain to the suspect, the person accused and the defendant the rights granted to it and to take measures to that it had the actual opportunity to use all means and methods provided by the law for protection against the charge brought to him.
In judicial session of Trial Court, and also by hearing of cases by superior courts production is performed on the basis of competitiveness of the parties.
When considering the case in court of function of accusation, protection and permission of case are separated from each other and cannot be assigned to the same body or the same official.
Production in Trial Court can be begun only in the presence of the indictment of the indictment or the resolution on the direction of case in court for application of enforcement powers of medical nature.
The state and public prosecutors, the defendant, the legal representative of the minor defendant, the defender, the public defender, and also the victim, the civil claimant, the civil defendant and their representatives participate in judicial session as the parties and have the equal rights to produce the evidence, to participate in their research, to declare petitions, to express the opinion on any question important for the correct permission of case.
The court is not on the side of accusation or protection and does not express their any interests.
Court, keeping objectivity and impartiality, creates necessary conditions for accomplishment by the parties of their procedural obligations and implementation of the rights granted to them.
Performing criminal proceeding, the investigator, the investigator, the prosecutor and court shall research proofs directly: interrogate suspects, persons accused, defendants, the victims and witnesses, to listen to expert opinions, to inspect proofs, to announce protocols and other documents. Departures from this rule can be allowed only in exceptional cases, provided by this Code.
The court bases sentence only on those proofs which were researched in judicial session.
Participants of process and other persons, and also representatives of the companies, organizations and organizations interested in the criminal proceeding having the right according to the procedure and in the terms established by this Code to appeal legal proceeding or the decision of the investigator, investigator, prosecutor, judge and court.
The condemned (justified), his defender, the legal representative, and also the victim, the civil claimant, the civil defendant, their representatives has the right to appeal, the prosecutor to protest sentence (determination) of court respectively in appeal, cassation and auditing procedure
.The statement of petitions and submission of claims are possible in any stage of process.
The address and documents attached to it can be taken to court in the form of the electronic document.
Authentic documents are submitted when the facts of the case are subject to confirmation only by such documents, and also in other necessary cases upon the demand of court
Justice on criminal cases in the Republic of Uzbekistan is performed: Supreme Court of the Republic of Uzbekistan, Court of the Republic of Karakalpakstan, regional, Tashkent city courts, district (city) criminal court judges and military courts.
The Trial Court is competent to decide sentence or to take out determination on criminal case. The Appeal Court considers cases on claims (protests) to the sentences which did not take legal effect and determinations of Trial Court and pronounces sentence or determination. The court of cassation instance considers cases on claims (protests) to the sentences which took legal effect and determinations of Trial Court if they are not considered in appeal procedure, and pronounces sentence or determination.
The court of auditing instance considers cases on claims (protests) to the sentences and determinations of Trial Court considered in court of appeal or cassation, relevant auditing authorities and also on sentences or determinations of court of appeal or cassation, relevant auditing authorities and pronounces sentence, determination or the resolution.
Treat powers of court: consideration of the petition, claim and protest on the questions connected using measure of restraint in the form of detention or house arrest or prolongation of term of detention or house arrest with obligatory informing the court which took out determination about application of measure of restraint, consideration of the petition for suspension of action of the passport (travel document); consideration of petitions for discharge of the person accused from position, about the placement of person to medical institution, about exhumation of corpse, about arrest of post and cable departures about production of search, about listening of the negotiations which are conducted with phones and other telecommunication devices, removal of information transferred on them on seizure of property or about prolongation of term of stay of the person accused in medical institution; consideration of the petition of the prosecutor for refusal in initiation of legal proceedings or about the termination of criminal case or about release from punishment of the convict based on the act of amnesty; consideration of the petition of the prosecutor for preliminary fixing of testimonies of the witness and victim (civil claimant) consideration of the petition of the prosecutor for recognition and enforcement of judgment of foreign state; preparation of criminal case for legal proceedings; carrying out initial hearing; trial of case and resolution of sentence or adoption of other decision; consideration of the case in appeal, cassation and auditing procedure; appeal of sentence to execution.
Superior courts, besides, within the powers exercise supervision of judicial activities of subordinate courts.
The judges and jurymen appointed or elected in structure of this court participate in consideration of criminal case.
The judge, being effective solely or as a part of court, realizes powers, stipulated in Article the 29th of this Code. Besides, the judge performs the operations connected with preparation of case for legal proceedings, presides in judicial sessions and performs other rights and obligations provided by this Code.
The investigative judge, being effective solely, according to the procedure, provided by this Code, exercises judicial control of observance of the rights, freedoms and legitimate interests of person at stage of pre-judicial production.
Treat powers of the investigative judge: consideration of the petition for application of measure of restraint in the form of detention or house arrest; consideration of the petition for prolongation of term of detention or house arrest; consideration of the petition for prolongation of term of detention till forty eight o'clock; consideration of the petition for suspension of action of the passport (travel document); consideration of the petition for discharge of the person accused from position; consideration of the petition for the placement of person to medical institution; consideration of the petition for prolongation of term of stay of the person accused in medical institution; consideration of the petition for exhumation of corpse; consideration of the petition for arrest of post and cable departures; consideration of petitions of the prosecutor for preliminary fixing of testimonies of the witness and victim (civil claimant); consideration of the petition for production of search; consideration of petitions for listening of the negotiations which are conducted with phones and other telecommunication devices, removal of information transferred on them; consideration of the petition for seizure of property.
The powers provided by part two of this Article are performed by the investigative judge also in case of production of additional legal proceedings according to the procedure of Articles 416 and 417 of this Code.
In judicial session functions of the court session secretary are performed by the assistant (senior assistant) to the judge.
The court session secretary performs preparation of criminal case for consideration in judicial session; informs participants of process on time and the place of jurisdiction; checks appearance of the subpoenaed participants of process, finds out the reasons of absence and reports on it on court; takes the protocol of court sessions; carries out other orders of the chairman connected with preparation and carrying out legal proceedings.
The court session secretary shall state fully and correctly in the protocol of action and judgment, and also action, the statement, the petition, the testimony of all participants of judicial session.
Supervision of exact and uniform execution of the laws of the Republic of Uzbekistan in stages of inquiry and pretrial investigation is performed by the Attorney-General of the Republic of Uzbekistan and prosecutors subordinated to it.
The prosecutor shall take timely in stages of inquiry and pretrial investigation the measures provided by the law to elimination of violations of the law from whom these violations would not proceed.
The prosecutor performs the powers irrespective of any bodies and officials, submitting only to the law and being guided by instructions of the Attorney-General of the Republic of Uzbekistan.
The prosecutor in stage of inquiry and pretrial investigation performs the powers provided in Articles 243, 382-388, 558, of the 589th of this Code.
Participating in legal proceedings, the prosecutor performs the powers, stipulated in Article the 409th of this Code.
Pretrial investigation on criminal cases is held by investigators of prosecutor's office, law-enforcement bodies and service of state security.
The investigator has the right: initiate and dismiss criminal case, refuse its excitement; detain and interrogate persons suspected of making of crimes; make the investigative actions provided by this Code; make decisions on involvement of person to participation in case in quality of the suspect; make decisions on involvement of person to participation in case in quality of the person accused and on election concerning it of measure of restraint, except for detention or house arrest; on the cases accepted to give to the production written instructions about accomplishment of investigation and search operations; give instructions to other investigators and investigators about production of separate investigative actions; charge to the bodies performing investigation verification or operational search activities, execution of resolutions on detention, the drive, search of persons, to demand from them assistance in production of separate investigative actions; petition for application of measure of restraint in the form of detention or house arrest, for establishment of additional prohibition (restriction) on house arrest, and also cancel or change measure of restraint according to Articles 240 and 243-1 of this Code; petition for suspension of action of the passport (travel document); petition for discharge of the person accused from position, for the placement of person to medical institution, and also cancel the specified measures of procedural coercion according to the procedure, established by this Code; petition for exhumation of corpse, for arrest of post and cable departures, and also cancel the specified measure according to the procedure, established by this Code; petition for production of search, for listening of the negotiations which are conducted with phones and other telecommunication devices, removal of information transferred on them on seizure of property; bring representation to the prosecutor about entering into court of the petition for refusal in initiation of legal proceedings or about the termination of criminal case based on the act of amnesty.
The investigator accepts all decisions on the direction of the investigation and production of investigative actions independently, except as specified, when the law provides receipt of the sanction of the prosecutor.
In case of the investigator's disagreement with instructions of the prosecutor about involvement of person to participation in case in quality of the person accused, about qualification of crime and amount of accusation, about initiation of the petition for application of measure of restraint in the form of detention or house arrest about establishment of additional prohibition (restriction) on house arrest, about suspension of action of the passport (travel document) about application of measures of procedural coercion in the form of discharge of the person accused from position, the placement of person to medical institution, about introduction of representation to the prosecutor about entering into court of the petition for refusal in initiation of legal proceedings or about the termination of criminal case based on the act of amnesty, about the direction of case in court or about diversion, about return of the ended case to additional investigation the investigator has the right to provide case to the higher prosecutor with written statement of the objections. In this case the higher prosecutor the resolution or cancels specifying of the subordinate prosecutor, or charges production of investigation of case to other investigator.
The written orders and decrees of the investigator issued according to the law on the cases which are in its production are obligatory for execution by all companies, organizations, organizations, officials and citizens.
The chief of investigation department, department, department, group and his deputy within the competence exercise control of timeliness of actions of investigators for disclosure and the prevention of crimes, take measures to the most full, comprehensive and objective production of pretrial investigation for criminal cases.
The chief of investigation department, department, department, group and his deputy has the right to check cases, to instruct the investigator in production of pretrial investigation, in attraction to participation in case in quality of the person accused, qualification of crime and amount of accusation, in the direction of case, in production of separate investigative actions, to submit the case from one investigator to another, to charge legal investigation to several investigators, and also to participate in production of pretrial investigation and to personally hold pretrial investigation, using at the same time powers of the investigator.
Instructions of the chief of investigation department, department, department, group and his deputy for case are given to the investigator in writing and are obligatory for execution.
Appeal of the received instructions to the prosecutor does not stop their execution, except as specified, provided by part three of article 36 of this Code.
Inquiry on criminal cases is made by investigators:
1) law-enforcement bodies;
2) Department on fight against economic crimes under the Prosecutor General's Office of the Republic of Uzbekistan and its divisions on places;
3) Bureau of forced execution under the Prosecutor General's Office of the Republic of Uzbekistan and its divisions on places;
4) the State Customs Committee of the Republic of Uzbekistan and its divisions on places;
5) National guard of the Republic of Uzbekistan and its divisions on places.
The investigator has the right: initiate and dismiss criminal case, refuse its excitement; detain and interrogate persons suspected of making of crimes; make the investigative actions provided by this Code; make decisions on involvement of person to participation in case in quality of the suspect; make decisions on involvement of person to participation in case in quality of the person accused and on election concerning it of measure of restraint, except for detention or house arrest; on the cases accepted to give to the production written instructions about accomplishment of investigation and search operations; give instructions to other investigators about production of separate investigative actions; charge to the bodies performing investigation verification or operational search activities, execution of resolutions on detention, the drive, search of persons, to demand from them assistance in production of separate investigative actions; petition for application of measure of restraint in the form of detention or house arrest, for establishment of additional prohibition (restriction) on house arrest, and also cancel or change measure of restraint according to Articles 240 and 243-1 of this Code; petition for suspension of action of the passport (travel document); petition for discharge of the person accused from position, for the placement of person to medical institution, and also cancel the specified measures of procedural coercion according to the procedure, established by this Code; petition for exhumation of corpse, for arrest of post and cable departures, and also cancel the specified measure according to the procedure, established by this Code; petition for production of search, for listening of the negotiations which are conducted with phones and other telecommunication devices, removal of information transferred on them on seizure of property; bring representation to the prosecutor about entering into court of the petition for refusal in initiation of legal proceedings or about the termination of criminal case based on the act of amnesty.
The investigator makes all decisions on the direction of inquiry independently, except as specified, when the law provides receipt of the sanction of the prosecutor.
In case of the investigator's disagreement with instructions of the prosecutor about involvement of person to participation in case in quality of the person accused, about qualification of crime and amount of accusation, about initiation of the petition for application of measure of restraint in the form of detention or house arrest about establishment of additional prohibition (restriction) on house arrest, about suspension of action of the passport (travel document) about application of measures of procedural coercion in the form of discharge of the person accused from position, the placement of person to medical institution, about introduction of representation to the prosecutor about entering into court of the petition for refusal in initiation of legal proceedings or about the termination of criminal case based on the act of amnesty, about the direction of case in court or about diversion, about return of the ended case to additional investigation the investigator has the right to provide case to the higher prosecutor with written statement of the objections. In this case the higher prosecutor the resolution or cancels specifying of the subordinate prosecutor, or charges production of inquiry on case to other investigator.
The written orders and decrees of the investigator issued according to the law on the cases which are in its production are obligatory for execution by all companies, organizations, organizations, officials and citizens.
The chief of division of inquiry and its deputy within the competence exercise control of timeliness of actions of investigators for disclosure and the prevention of crimes, take measures to the most full, comprehensive and objective production of inquiry for criminal cases.
The chief of division of inquiry and its deputy has the right to check cases, to instruct the investigator in inquiry production, in attraction to participation in case in quality of the suspect, the person accused, qualification of crime and amount of accusation, in the direction of case, in production of separate investigative actions, to submit the case from one investigator to another, to charge legal investigation to several investigators, and also to participate in production of inquiry and to personally make inquiry, using at the same time powers of the investigator.
Instructions of the chief of division of inquiry and its deputy for case are given to the investigator in writing and are obligatory for execution.
Appeal of the received instructions to the prosecutor does not stop their execution, except as specified, provided by part three of Article 38-1 of this Code.
Investigation verification is carried out:
1) law-enforcement bodies;
2) commanders of military units, connections, chiefs of military organizations and educational institutions - on cases on the crimes committed by the military personnel subordinated to them, and also persons liable for call-up during passing of charges by them; on cases on the crimes committed by workers of Armed Forces of the Republic of Uzbekistan in connection with execution of service duties or in arrangement of part, connection, organization or educational institution;
3) bodies of service of state security - on the cases referred by the law to their maintaining;
4) chiefs of governing bodies of system of execution of the punishment of the Ministry of Internal Affairs of the Republic of Uzbekistan, chiefs of colonies on execution of the punishment, educational colonies, pre-trial detention centers and prisons - on cases on the crimes against established procedure of service committed by the staff of these organizations, and it is equal on cases on other crimes committed in arrangement of these organizations;
5) bodies of the state fire supervision - on cases on the fires and violations of fire-proof rules;
6) Border troops of Service of state security of the Republic of Uzbekistan - on cases on violations of Frontier of the Republic of Uzbekistan;
7) captains of the ocean ships which are in long voyage;
8) bodies of the State Customs Service - on cases on violations of the customs legislation;
9) Department on fight against economic crimes under the Prosecutor General's Office of the Republic of Uzbekistan and its divisions on places - on cases on violations of the budget, tax and foreign exchange legislation, and also on cases on the crimes connected with use of electrical, heat energy, gas, water supply system;
10) Bureau of forced execution under the Prosecutor General's Office of the Republic of Uzbekistan and its divisions on places - on the cases connected with evasion from content of minors or disabled persons, parents, non-execution of court resolution, intervention in process of forced execution of court resolutions and acts of other bodies, the illegal order property, to the subjected arrest;
11) Head department of prevention of offenses in the field of retail trade and rendering services of the State Tax Committee of the Republic of Uzbekistan and its territorial departments - on cases on offenses in the financial and economic and tax spheres revealed in the territories of the markets, malls and the places of temporary storage of vehicles adjoining to them.
12) No. ZRU-583 is excluded according to the Law of the Republic of Uzbekistan of 12.11.2019
13) National guard of the Republic of Uzbekistan and its divisions on places - on the cases referred by the law to their maintaining.
14) Public service of safety of the President of the Republic of Uzbekistan - on the cases relating to its maintaining.
Acceptance of necessary measures, including with use of scientific and technical means, for the purpose of detection of the essential elements of offense and persons which made it, detection of data which can be used as proofs on criminal case after their check according to rules of this Code is assigned to the bodies performing investigation verification. Law-enforcement bodies, services of state security, Public service of safety of the President of the Republic of Uzbekistan, the State Customs Service, and also Bureau of forced execution and Department on fight against economic crimes under the Prosecutor General's Office of the Republic of Uzbekistan and their division on places have for this purpose the right to hold investigation and search operations.
The procedure for carrying out operational search activities is determined by the law.
Heads of each of listed in Article 39-1 of this Code of body, being effective as the chief of the body performing the investigation verification having the right to start investigation verification or to charge its implementation to the official subordinated to it, to bring criminal case either to refuse initiation of proceedings or to transfer the statement, the message on competence.
The procedure for assignment on the official of the body performing investigation verification, functions is determined by implementation of investigation verification by this body.
The official acting according to the order and under the leadership of the chief shall make all urgent actions necessary for the prevention or suppression of crime execution, collection and preserving proofs, detentions of the suspect of crime execution and search of the disappeared suspects, and also ensuring compensation of the property harm done by crime.
Also the obligation is assigned to the official of the body performing investigation verification or investigation and search operations to carry out orders of the investigator, the investigator about carrying out separate legal proceedings and investigation and search operations on the case which is in its production and to assist the investigator, the investigator in accomplishment of legal proceedings by it.
Performing investigation verification, and equally carrying out orders of the investigator, the investigator, the official of the body performing investigation verification makes legal proceedings and makes decisions, being guided by the rules established by this Code.
Receipt of statements, explanations or indications from the suspect, the person accused or the defendant by officials of the bodies which are carrying out operational search activities is performed based on the written permission of the investigator, the investigator, the prosecutor or the judge in who production has this criminal case, and is exclusive with the assistance of the defender, except as specified refusal of the defender in accordance with the established procedure
.Resolutions of the official of the body performing investigation verification are subject to approval of this body by the chief. Written instructions of the chief are obligatory for the official subordinated to him who has the right to appeal these instructions to the prosecutor, without stopping their execution.
Written instructions of the prosecutor are obligatory for the chief of the body performing investigation verification and his official. In case of disagreement with instructions of the prosecutor they, without stopping execution of the instructions having the right to appeal them to the higher prosecutor.
Public associations and collectives, their governing bodies and representatives can address to body of inquiry, to the investigator, the prosecutor or court with the message on the committed or prepared crime. They have the right to declare petitions: about election concerning the person accused or the defendant as measure of restraint of the guarantee of public association or collective; about parole of the convict from punishment or replacement of punishment to softer; about change of conditions of keeping of persons condemned to imprisonment; about removal of criminal record and on other questions in the cases and procedure provided by this Code.
The investigator and the investigator on cases on heavy and especially serious crimes inform collectives on place of employment, study or the citizen's residence on attraction it to participation in case in quality of the person accused, and court - on time and the venue of legal proceedings.
Public associations and collectives can direct for participation in legal proceedings of the representatives in quality of public prosecutors or public defenders.
Public prosecutors and public defenders are allocated with meeting of public association or staff of the company, organization, the organization. The decision of meeting shall be brought into court.
The public association, collective has the right to recall at any time the public prosecutor sent them or the public defender or to replace it with other representative.
Participating in legal proceedings, the public prosecutor has the right: get acquainted with case papers; produce the evidence and participate in their research; declare petitions and act in debate of the parties with statement to court of opinion on validity of accusation. The public prosecutor has the right to refuse accusation.
The public prosecutor shall: take part in legal proceedings; state to court opinion of public association or collective and to promote clarification of the facts of the case.
Participating in legal proceedings, the public defender has the right: get acquainted with case papers, produce the evidence and participate in their research; declare petitions; act in debate of the parties with statement to court of opinion on the circumstances acquitting the defendant or mitigating its responsibility.
The public defender shall: take part in legal proceedings; state to court opinion of public association or collective and to promote clarification of the facts of the case improving the defendant's matters.
The person accused is person concerning whom in established by this Code procedure the decree on attraction it to participation in case in quality of the person accused is issued.
The person accused in court hereinafter is referred to as as the defendant, and after adjudgement - condemned or justified.
The person accused has the right: the nobility, what he is accused of; on phone call or the message to the lawyer or the close relative about detention and the location; have the defender and meet him alone without restriction of number and duration of the appointments, except as specified, provided by part two of article 230 of this Code; give evidences on the charge and any other facts of the case brought to him or refuse evidence and be notified that its indications can be used as proofs on criminal case against it; use the native language and translation service; perform personally the right of defense; declare petitions and branches; produce the evidence; participate with the permission of the investigator or the investigator in investigative actions; get acquainted upon termination of inquiry or pretrial investigation with all case papers and write out from it necessary data, make at own expense copies of materials and documents or to fix in other form information containing in them by means of technical means; object to the termination of criminal case by the investigator; put the investigator or the prosecutor and to require carrying out legal proceedings; participate when carrying out initial hearing by court on case, participate in court sessions on cases on conciliation, on application of the act of amnesty, the first and appeal instances, and on the judicial discretion - in court sessions of cassation and auditing instance; bring claims to actions and decisions of the investigator, the investigator, the prosecutor and court; get acquainted with the protocol of judicial session and submit on it notes; know about the protests brought on case, appeal, cassation and auditing claims and give on them objections.
The defendant has the right to last plea.
The person accused shall: be on challenges of the investigator, investigator, prosecutor and judge; not evade from participation in inquiry pretrial investigation and legal proceedings; not interfere with establishment of the truth by destruction, falsification of proofs, arrangement of witnesses and other illegal actions; fulfill the requirements caused by the measure of restraint chosen to it; not interfere with execution of resolutions of the investigator, investigator, prosecutor and determinations of court about survey, confiscation of samples for expert research, the placement to medical institution for the production of examination and other proceeding decisions provided by this Code; observe procedure in case of legal investigation and during judicial session.
The obligation cannot be assigned to the person accused to give evidences, and also to prove the innocence or any other facts of the case.
The suspect is person concerning whom in case there are data on making of crime by it, but insufficient for attraction it to participation in case in quality of the person accused. About recognition of person by the suspect the investigator, the investigator or the prosecutor issues the decree.
The suspect has the right: the nobility, what he is suspected of; on phone call or the message to the lawyer or the close relative about detention and the location; have the defender from the moment of the actual detention or actual finish of the operational search action connected with his detention on site of crime, or announcements to it resolutions on recognition by his suspect and to meet it alone without restriction of number and duration of the appointments, except as specified, provided by part two of article 230 of this Code; require interrogation no later than twenty four hours after detention; give evidences concerning the suspicion pushed against it and about any other facts of the case or refuse evidence and be notified that its indications can be used as proofs on criminal case against it; use the native language and translation service; perform personally the right of defense; declare petitions and branches; produce the evidence; participate with the permission of the investigator or the investigator in investigative actions; participate in court sessions on cases on conciliation, on application of the act of amnesty; bring claims to actions and decisions of the investigator, the investigator, the prosecutor and court.
The suspect shall: be on challenges of the investigator, investigator and prosecutor, not to evade from participation in inquiry and pretrial investigation; not interfere with establishment of the truth by destruction, falsification of proofs, arrangement of witnesses and other illegal actions, to fulfill the requirements caused by the measure of restraint chosen to it; not interfere with execution of resolutions of the investigator, investigator, prosecutor on survey, confiscation of samples for expert research, the placement to medical institution for the production of examination and other proceeding decisions provided by this Code; observe procedure in case of legal investigation.
The obligation cannot be assigned to the suspect to give evidences, and also to prove the non-participation in crime or any other facts of the case.
The defender - person authorized in the procedure established by the law to perform protection of the rights and legitimate interests of suspects, persons accused, defendants and to give them necessary legal aid.
As defenders lawyers can participate in case. The lawyer is allowed to participation in case at sight by it certificates of the lawyer and submission of the order certifying its power on conducting specific case.
Under the resolution of the investigator, investigator or determination of court as the defender according to the petition of the suspect, person accused, defendant along with the lawyer can be allowed one of close relatives or legal representatives of the suspect, the person accused, the defendant.
The defender is allowed to participation in case at any stage of criminal procedure, and during detention of person - from the moment of the actual restriction of its right to liberty of movement.
The defender is invited by the suspect, the person accused, the defendant, their legal representatives, and also other persons at request or with the consent of the suspect, the person accused, the defendant.
At the request of the suspect, the person accused or the defendant participation of the defender in case are provided by the investigator, the investigator, the prosecutor or court.
In cases when the introduction to the defender elected the suspect, the person accused, the defendant is impossible within twenty four hours, the investigator, the investigator, the prosecutor or court shall offer the suspect, to the person accused, the defendant or their relatives to invite other defender. The defender elected to the suspects, the person accused, defendants having the right to go into action at any time.
The investigator, the investigator, the prosecutor or court takes measures for ensuring participation of the lawyer giving legal aid at the expense of the state, as the defender of the suspect, the person accused or the defendant according to the procedure, established by the Law of the Republic of Uzbekistan "About rendering legal aid at the expense of the state".
The investigator, the investigator, the prosecutor makes the decision, and the court takes out determination about rendering legal aid at the expense of the state, and determine effective date of the lawyer in case.
The resolution of the investigator, investigator, prosecutor or determination of court on rendering legal aid at the expense of the state is entered into the information system "Legal aid".
The lawyer giving legal aid at the expense of the state gets out automatically through the information system "Legal aid".
In case of involvement of the lawyer giving legal aid at the expense of the state, time, at least four hours from the moment of confirmation about its participation in it shall be provided to the lawyer for the introduction in case.
The lawyer chosen through the information system "Legal aid" and who confirmed the participation in the corresponding case shall go into action in time, established in the resolution of the investigator, investigator, prosecutor or determination of court on rendering legal aid at the expense of the state.
In the cases provided by the Law of the Republic of Uzbekistan "About rendering legal aid at the expense of the state" the lawyer can be involved to participation in case based on duty roster of the lawyers giving legal aid at the expense of the state.
Involvement of the lawyer giving legal aid at the expense of the state in cases is not allowed when the lawyer is invited at the request of the suspect, the person accused, the defendant or from their consent by other persons or was declared intention to use the right to the invitation of the defender in time, established by part three of this Article
.Participation of the defender is obligatory on cases:
2) mute, deaf, blind and other persons who because of the physical defects or mental disturbances experience difficulties in implementation of right of defense;
3) persons who are not knowing language in which legal proceedings are conducted;
4) persons, suspects or the crimes accused of making for which as measure of punishment lifelong imprisonment can be appointed;
5) persons between whose interests there are contradictions if at least one of them has the defender;
In which 6) the state or public prosecutor participates;
In which 7) the lawyer as the victim's representative participates;
8) about application of enforcement powers of medical nature;
8-1) to whom initial hearing is carried out by court;
8-2) persons, suspects or persons accused of making of especially serious crime;
8-3) by consideration of question of application to person of measure of restraint in the form of detention or house arrest, and also prolongation of term of detention, house arrest;
8-4) on which the agreement on recognition of fault is signed;
9) considered in court of appeal, cassation and auditing instances.
Investigator, the investigator, the prosecutor and court have the right to recognize necessary participation of the defender and on another matters if they consider that complexity put and other circumstances can complicate to the suspect, the person accused or the defendant implementation of the right of defense.
If in the cases provided by parts one and the second this Article, the defender is not invited by the suspect, the person accused or the defendant at their request or from their consent by other persons, the investigator, the investigator, the prosecutor or court shall provide participation of the defender on criminal case according to the procedure, established by parts four - the tenth article 50 of this Code
.The suspect, the person accused or the defendant has the right to refuse the defender at any moment of proceeedings. Such refusal is allowed only at the initiative of the suspect, the person accused or the defendant and only in the presence of real possibility of participation of the defender in case which is provided with the investigator, the investigator or court by the invitation of the lawyer confirming defense withdrawal after the meeting with the client alone. Process of refusal of the defender is subject to obligatory fixing by video. About refusal of the defender the protocol signed by the suspect, the person accused, the defendant, and also the lawyer, the investigator or the investigator is constituted or entered in minutes of judicial session. Materials of video are applied to the protocol. At the same time the defender's meeting alone with the client is not subject to fixing by video.
The refusal of the defender in the cases provided by Items 1 - 4, 8, 8-3, 8-4 and 9 parts one of Article of 51 of this Code is not allowed
The refusal of the defender does not deprive of the suspect, the person accused or the defendant of the right further to petition for the admission of the defender to participation in case. Such petition in all cases is subject to satisfaction. The petition for participation of the defender declared during court investigation is allowed by court taking into account the facts of the case and for the benefit of providing to the defendant of right of defense. The introduction of the defender during judicial session does not form the basis for renewal of court investigation.
The defender has the right: the nobility, what person whose interests it protects is suspected or accused of; on participation in case of the certificate of the lawyer at sight it and submission of the order certifying its power on conducting specific case; be involved in interrogations of the suspect, be present at presentation to person of accusation and be involved in interrogations of the person accused, and also in other investigative actions which are carried out with their participation and ask questions to suspects, persons accused, witnesses, experts, specialists; participate with the permission of the investigator or the investigator in production of other investigative actions; submit written notes concerning production of investigative action in which he participated; declare petitions and branches; collect and produce the evidence, according to part two of article 87 of this Code; get acquainted with documents of the legal proceedings which are carried out with participation of the suspect or person accused, and upon termination of inquiry or pretrial investigation - with all case papers and to write out from it necessary data, to make at own expense copies of materials and documents or to fix in other form information containing in them by means of technical means; get acquainted according to the procedure, stipulated by the legislation, with information which is the state secrets, trade and other secret if it is necessary for protection implementation; participate in quality of the party when carrying out initial hearing by court on case and in legal proceedings; bring claims to actions and decisions of the investigator, the investigator, the prosecutor and court; get acquainted with the protocol of judicial session and submit on it notes; know about the claims brought on case, protests and to give on them objections; participate in court sessions of appeal, cassation and auditing instances.
The defender has the right to collect and produce the evidence on criminal case which is subject to attaching to the criminal case file, and also obligatory assessment during conducting investigation verification, inquiry, pretrial investigation and consideration of criminal case in court. These proofs can be collected in the way: holding poll of persons possessing relevant information and receipts of written explanations from their consent; sending an inquiry and receipts of references, characteristics, explanations and other documents from the state and other bodies, and also the companies, organizations and the organizations.
The defender shall:
use all means and methods provided by the law for clarification of the circumstances confuting suspicion or accusation or mitigating responsibility and to render to the suspect, the person accused or the defendant necessary legal aid;
not interfere with establishment of the truth by destruction, falsification of proofs, arrangement of witnesses and other illegal actions; observe procedure in case of legal investigation and during judicial session.
From the moment of agreement signature about participation in case or from the moment of appointment the lawyer has no right to refuse accomplishment of obligations of the defender.
In the presence of the proofs suggesting that the crime, and by equally socially dangerous act of deranged does moral, physical or property harm to person it is recognized to the victims. About recognition by the victim the investigator, the investigator, the prosecutor issues the decree, and court - determination.
If the injured minor or is in accordance with the established procedure acknowledged incapacitated, then along with him or instead of him his legal representative participates in case.
The victim has the right: give evidences; produce the evidence; declare petitions and branches; use the native language and translation service; have the representative for upholding of the interests; participate with the permission of the investigator or the investigator in investigative actions; get acquainted upon termination of pretrial investigation with all case papers and write out from it necessary data, make at own expense copies of materials and documents or to fix in other form information containing in them by means of technical means; submit the application in the cases provided by the law on conciliation and participate when carrying out initial hearing by court on case and in court sessions on cases on conciliation, the first, appeal, cassation and auditing instances; bring claims to actions and decisions of the investigator, the investigator, the prosecutor and court; personally or through the representative to hold charges in court; get acquainted with the protocol of judicial session and submit on it notes; know about the claims brought on case, protests and to give on them objections.
The victim shall: be on challenges of the investigator, investigator, prosecutor and court; give truthful evidences; not interfere with establishment of the truth by destruction, falsification of proofs, arrangement of witnesses and other illegal actions; produce the evidence upon the demand of the investigator, the investigator, the prosecutor and court; observe procedure in case of legal investigation and during judicial session.
In case of absence of the victim without reasonable excuse he can be subjected to the drive according to the procedure, provided by Articles 261-264 of this Code.
And for making obviously false evidences the victim bears the responsibility established by the law for standing mute.
On cases on the crimes which entailed the death of the victim, the right and obligation provided by this Article his close relatives or other persons recognized by bodies of pretrial investigation or court by legal representatives of interests of the dead perform.
In the presence of the proofs suggesting that the crime, and by equally socially dangerous act of deranged does property harm to person, the company, organization or the organization they are recognized civil claimants. About recognition by the civil claimant the investigator, the investigator, the prosecutor issues the decree, and court - determination.
In protection of interests of minors, and also persons recognized incapacitated the civil action can be made by their legal representatives and the prosecutor.
The civil claimant has право:предъявлять and to prosecute the civil action; produce the evidence; offer explanations in the made claim; have the representative for upholding of the interests; declare petitions and branches; ask the investigator, the investigator, the prosecutor or court about taking measures of providing the claim; get acquainted upon termination of inquiry or pretrial investigation with case papers and write out from it necessary data, make at own expense copies of materials and documents or to fix in other form information containing in them by means of technical means; participate when carrying out initial hearing by court on case and in court sessions of the first, appeal, cassation and auditing instances; bring claims to actions and decisions of the investigator, the investigator, the prosecutor and court; appeal against sentence and determination of court in the part concerning the civil action; know about the claims brought on case, protests and to give on them objections.
The civil claimant shall: be on challenges of the investigator, investigator, prosecutor, court and to produce the evidence relating to the civil action according to their requirement; not interfere with establishment of the truth by destruction, falsification of proofs, arrangement of witnesses and other illegal actions; observe procedure in case of legal investigation and during judicial session.
Person recognized as the civil claimant has at the same time all rights of the victim and performs its duties.
As the civil defendant in case person, the company, organization or the organization who by law bear property responsibility for the harm done by the person accused or person who made socially dangerous act in diminished responsibility condition can be recruited. About attraction as the civil defendant the investigator, the investigator, the prosecutor issue the decree, and court - determination.
The civil defendant has the right: know essence of accusation and the civil action; object to the claim; offer explanations; have the representative for upholding of the interests; produce the evidence; declare petitions and branches; get acquainted upon termination of inquiry or pretrial investigation with case papers and write out from it necessary data, make at own expense copies of materials and documents or to fix in other form information containing in them by means of technical means; participate when carrying out initial hearing by court on case and in court sessions of the first, appeal, cassation and auditing instances; bring claims to actions and decisions of the investigator, the investigator, the prosecutor and court; appeal against sentence and determination of court in the part concerning the civil action; know about the claims and protests brought on case and to give on them objections.
The civil defendant shall: be on challenges of the investigator, investigator, prosecutor, court and to produce the evidence relating to the civil action according to their requirement; not interfere with establishment of the truth by destruction, falsification of proofs, arrangement of witnesses and other illegal actions; observe procedure in case of legal investigation and during judicial session.
Legal representatives are recruited in case for upholding of the rights and legitimate interests of the suspect, the person accused, the defendant or the victim if they are minors or are recognized in accordance with the established procedure as incapacitated.
As legal representatives parents, adoptive parents, guardians, custodians, representatives of organizations and organizations on which care there is minor or incapacitated participant of process can participate in case. Legal representatives of the suspect, the person accused and the defendant participate in case along with represented, and the legal representative of the victim - both along with represented, and instead of it.
At the request of the minor suspect, the person accused, the defendant or the victim as the legal representative in case along with persons provided in part two of this Article participation also of one of his adult close relatives or the other person to which he trusts can be allowed.
About the admission of the legal representative to participation in case the investigator, the investigator, the prosecutor issue the decree, and court determination. In case of incompatibility of interests of the suspect, person accused, defendant or victim and legal representative the same resolution or determination take measures for involvement of the lawyer for participation in case on the party of the suspect, person accused, defendant or victim.
The legal representative has the right: know about challenge of person represented to them to the investigator, the investigator, the prosecutor or in court; with the permission of the investigator, the investigator, the prosecutor or court to be involved in interrogation of this person; have alone appointments to person represented to them who are in custody; perform procedural right which the represented person has according to this Code.
The legal representative shall: be on challenges of the investigator, investigator, prosecutor and court; not interfere with establishment of the truth by destruction, falsification of proofs, arrangement of witnesses and other illegal actions; observe procedure in case of legal investigation and during judicial session.
The legal representative can be interrogated as the witness, and also is recruited in case in quality of the defender, the civil claimant or the civil defendant. In these cases the legal representative has the rights and performs duties of the specified participants of process.
As representatives of the victim, the civil claimant, the civil defendant the lawyers, persons having special permission to participation as the representative, the close relatives and other persons allowed to participation in case by the resolution of the investigator, investigator, prosecutor or determination of court can participate.
The basis for participation in case of the representative is the agreement of the order signed with it the victim, the civil claimant or the civil defendant. As the representative of the legal entity his head is allowed without power, special on that. On presentation of the power of attorney issued by the head as representatives of legal entities their salaried employees and lawyers are allowed.
The representative of the victim, the civil claimant or the civil defendant participates in case both along with represented, and instead of it. The victim, the civil claimant and the civil defendant has the right to refuse at any moment of proceeedings the representative or to choose as the representative other person.
The representative of the victim, the civil claimant, the civil defendant has procedural right which is had respectively the victim, the civil claimant and the civil defendant. The representative has the right to refuse at any moment of proceeedings further accomplishment of the obligations.
The representative shall: assert the rights and legitimate interests of the represented persons; not abuse their trust; be on challenge of the investigator, investigator, prosecutor and court; not interfere with establishment of the truth by destruction, falsification of proofs, arrangement of witnesses and other illegal actions; observe procedure in case of legal investigation and during judicial session.
The investigator, the investigator, the prosecutor or the judge shall explain to the suspect, the person accused, the defendant, and also the victim, the civil claimant, the civil defendant and their representatives the rights granted to them and to provide possibility of implementation of these rights. At the same time the obligations assigned to them and effects of their failure to carry out shall be explained to participants of process.
As a witness for evidence any person to whom any circumstances which are subject to establishment on criminal case can be known can be subpoenaed.
The witness has the right: use legal aid of the lawyer; participate with the lawyer in investigative actions; give evidences in the native language if he does not own or knows insufficiently language in which interrogation is conducted and to use in this case translation service; declare branch to the translator who is involved in his interrogation to produce the evidence; with own hand to state the indications; not give the evidence against itself; get acquainted with the record of interrogation, make to it additions and changes; in case of evidence to use written notes and documents; bring claims in protection of the interests, on actions and decisions of the investigator, the investigator, the prosecutor and court.
The witness shall: be on challenge of the investigator, investigator, prosecutor, court; it is truthful to report all known to it on case; answer the questions posed; not disclose without the permission of the interrogating data on the circumstances known to it on case; observe procedure in case of legal investigation and during judicial session.
In case of absence of the witness without valid excuse he can be subjected to the drive according to the procedure, provided by Articles 261-264 of this Code.
For standing mute, and also the witness bears the responsibility established by the law for making obviously false evidences.
The lawyer of the witness - person authorized in accordance with the established procedure to assert the rights and legitimate interests of the witness and to give him necessary legal aid.
Person performing protection of interests of the parties in criminal case cannot be the lawyer of the witness on this case.
The lawyer of the witness is allowed to participation in case from the moment of challenge of the witness of the certificate of the lawyer at sight by it and submission of the order.
The lawyer of the witness has the right: the nobility, on what criminal case person whose rights and legitimate interests he advocates is caused; be involved in interrogation of the witness, and also in other investigative actions which are carried out with its participation, give it short consultations; ask questions to the witness with the permission of person making interrogation; declare branch to the translator who is involved in interrogation of the witness in the procedure established by the law; upon termination of interrogation to make statements for violations of the rights and legitimate interests of the witness which are subject to entering in the record of interrogation.
The lawyer of the witness shall: give to the witness necessary legal aid; not interfere with establishment of the truth by destruction, falsification of proofs, arrangement of witnesses and other illegal actions; observe procedure in case of legal investigation and during judicial session.
As the expert any physical person having special knowledge in the field of science, the equipment, art or craft, necessary for making the conclusion can be caused.
The expert's challenge, appointment and production of examination is performed according to the procedure, provided by Articles 172-187 of this Code.
The expert has the right: get acquainted with the case papers relating to examination subject, write out from them necessary data or make copies; declare petitions for representation of the additional materials and objects of research necessary for examination production; with the permission of the investigator, the investigator, the prosecutor to be present at production of investigative actions and to ask questions, belonging to the examination subject, persons participating in these investigative actions; participate in legal proceedings in research of the proofs relating to examination subject and from the leave of court to ask questions to the interrogated persons; inspect proofs and documents; state in the conclusion conclusions not only on questions which before it were raised, but also on other questions relating to subject of examination and important for case; make the statements concerning the wrong interpretation by participants of process of its conclusion or indications which are subject to entering in the protocol of investigative action or judicial session; represent the conclusion and give evidences in the native language if does not own or knows insufficiently language in which proceeedings are conducted and to use in this case translation service; bring claims to decisions, actions (failure to act) of the investigator, the investigator, the prosecutor and court in which production there is case if these decisions, actions (failure to act) violate its rights and freedoms.
The expert shall: in the presence of the bases provided by Articles 76 and 78 of this Code to immediately declare rejection; conduct comprehensive and complete investigation of the research objects provided to it, draw the reasonable and objective written conclusion on the questions raised before it; be on challenge of the investigator, investigator, prosecutor or court for personal participation in inquiry, pretrial investigation or judicial session; give evidences concerning the expertize which is carried out by it and answer additional questions for explanation of the conclusion drawn by it; not disclose data which became known to it in connection with examination production; ensure safety of the provided objects of research and case papers; observe procedure in case of legal investigation and during judicial session.
In case of absence of the expert without valid excuse he can be made responsible, provided by the law.
The expert bears criminal liability for making obviously false conclusion, disclosure of data of inquiry or pretrial investigation without the permission of the investigator, the investigator or the prosecutor, and also for refusal or evasion of making the conclusion without valid excuse.
The specialist is called for assistance to the investigator, investigator, prosecutor and court in detection and fixing of proofs when conducting investigation and legal proceedings. As the specialist the doctor, the teacher and other persons having necessary knowledge and skills can be called.
According to the petition of the defender the investigator, the investigator, the prosecutor and court can call the specialist for giving explanation.
For application in case of production of investigation and in legal proceedings of scientific and technical means (the tape recorder, the videorecorder, movie and other cameras) the specialist can be called.
The challenge of the specialist and procedure for its participation in investigation and legal proceedings is performed according to the procedure, provided by Articles 91, of 92, 136 - 138, 146, 147, 149, 151, 156 and 193 of this Code.
The specialist has the right: the nobility, for what purpose it is caused; refuse participation in proceeedings if it has no the corresponding knowledge; get acquainted with the case papers relating to legal proceedings in which production he participates; make statements and notes connected with legal proceedings in which production he participates; with the permission of the investigator, the investigator, the prosecutor and court to ask questions to persons participating in production of investigative actions and in legal proceedings; bring claims to actions of the investigator, the investigator, the prosecutor and court.
The specialist shall: be on challenge of the investigator, investigator, prosecutor, court; participate in production of investigative actions and in legal proceedings, using scientific and technical means, special knowledge and skills for detection and fixing of proofs; draw the attention of the investigator, investigator, prosecutor and court to the circumstances important for establishment of the truth on case; give the explanation concerning the operations performed by it; assist the investigator, the investigator, the prosecutor and court in identification of causes of offense, the conditions promoting its making, and development of measures for their elimination; not disclose without the permission of the investigator, the investigator, the prosecutor materials of inquiry and pretrial investigation; observe procedure in case of legal investigation and during judicial session.
The translator is called in cases when:
1) the suspect, the person accused, under the offender or the victim, the civil claimant, the civil defendant or their representatives, the witness, the expert, the specialist does not own or knows insufficiently language in which proceeedings are conducted, or is deaf or mute;
2) need to be translated from other language any written text.
The rules concerning the translator extend also to the person understanding signs deaf or mute, invited for participation in proceeedings.
The translator has the right: ask questions to participants of process for the purpose of transfer refining; get acquainted with the protocol of investigative action in which production he participated, and also with the protocol of judicial session and do the notes which are subject to entering in the protocol; refuse participation in proceeedings if it has no knowledge necessary for transfer; bring claims to actions and decisions of the investigator, the investigator, the prosecutor and court.
The translator shall: be on challenge of the investigator, investigator, prosecutor, court; execute precisely and the transfer which is fully charged to it; certify fidelity of the transfer by the signature in the protocol of investigative action made with its participation, and in the protocol of judicial session, and also in the procedural documents handed to participants of process in their transfer into the native language or other language which they know; not disclose without the permission of the investigator, the investigator, the prosecutor materials of inquiry and pretrial investigation; observe procedure in case of legal investigation and during judicial session.
In case of obviously incorrect translation the translator bears the responsibility established by the law.
Witnesses are called by the investigator, the investigator, the prosecutor in the cases provided by this Code for the certificate of the fact of production of investigative or other action, its course and results.
For participation in production of investigative action at least two witnesses from among the full age citizens who are not interested in the outcome of the case shall be called. Before investigative action the investigator, the investigator or the prosecutor explains to witnesses of their right and obligation.
The witness has the right: participate in production of investigative action; make concerning investigative action statements and notes which are subject to entering in the protocol; get acquainted with the protocol of investigative action in which he participated; bring claims to actions and decisions of the investigator, the investigator, the prosecutor.
The witness shall: be on challenge of the investigator, investigator, prosecutor; take part in production of investigative action; certify the signature in the protocol of investigative action the fact of production of this action, its course and results; not disclose without the permission of the investigator, the investigator, the prosecutor materials of inquiry and pretrial investigation.
For evasion of the witness from accomplishment of the obligations without valid excuse, the witness bears the responsibility established by the law.
The witness can be interrogated as the witness about the circumstances connected with production of investigative action in which he participated. In this case it has the rights and performs duties, stipulated in Article the 66th of this Code.
Behind person called as the victim or his representative, the witness, the expert, the specialist, the translator or the witness average earnings in the place of its work during the all the time spent by it in connection with challenge to the investigator, the investigator, the prosecutor and in court remain. Remuneration for their derivation from regular occupations is paid to not working persons. Besides, all specified persons have the right to expense recovery, suffered in connection with challenge.
The expert, the specialist and the translator have the right to remuneration for accomplishment of the obligations, except cases when these obligations were carried out according to the procedure of office task.
Expense recovery is made according to the procedure and the sizes established by the law.
The judge, it is equal as the juryman, the prosecutor, the investigator, the investigator, the official of the body performing investigation verification the court session secretary has no right to participate in criminal proceeding and is subject to branch if:
1) he participates or participated in the same case in quality of the victim, the civil claimant, the civil defendant, the expert, the specialist, the translator, the witness, the witness, the defender, the legal representative of the suspect, the person accused, the defendant or the representative of the victim, the civil claimant, civil defendant earlier;
2) he is relative any of the officials responsible for production for this case or the other persons listed in Item 1 of this part;
3) there are other circumstances raising doubts in its objectivity and impartiality.
The judge cannot be involved in consideration of the case if he participated in production on this case as olzhnostny person of the body performing investigation verification of the investigator, investigator, prosecutor, court session secretary earlier.
The judge who was involved in consideration of the case in court of the first, appeal cassation and auditing instance cannot participate in consideration of this case after cancellation of sentence, the determination which is taken out with its participation.
The judge who was taking part in consideration of criminal case in Trial Court cannot participate in consideration of this criminal case in court of appeal cassation and auditing instance.
The judge who was taking part in consideration of criminal case in Appeal Court cannot participate in consideration of this criminal case in court of the first or auditing instance.
The judge who was taking part in consideration of criminal case in court of cassation instance cannot participate in consideration of this criminal case in court of the first or auditing instance
.The judge who was taking part in consideration of criminal case in court of auditing instance cannot participate in consideration of this criminal case in court of the first, appeal or cassation instance, and also in case of reconsideration of the case in auditing procedure in court of higher instance.
Accomplishment by the investigator, investigator, and also court session secretary of the procedural obligations is not obstacle for their repeated participation respectively in production of inquiry, pretrial investigation, and also for taking the minutes of judicial session on the same matter.
The public prosecutor, the public defender and other representatives of public association or collective has no right to participate in case and are subject to branch in the presence of circumstances, stipulated in Article the 76th of this Code.
The expert, the specialist, the translator, the witness has no right to participate in criminal proceeding and are subject to branch in the presence of circumstances, stipulated in Article the 76th of this Code, and also in view of job or other dependency from any of persons participating in case.
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