PRESIDENTIAL DECREE OF THE REPUBLIC OF UZBEKISTAN

of September 11, 1997 No. UP-1839

About procedure for application of the Provision on implementation of pardon in the Republic of Uzbekistan

Based on item 20 of Art. 93 of the Constitution of the Republic of Uzbekistan I decide:

Approve procedure for application of the Provision on implementation of pardon concerning the citizens condemned by courts of the Republic of Uzbekistan.

Approved by the Presidential decree RU of September 11, 1997 No. UP-1839

Regulations on pardon procedure in the Republic of Uzbekistan

1. Pardon in the Republic of Uzbekistan is performed, as a rule, according to petitions concerning persons condemned by the vessels and public vessels located in the territory of the Republic.

2. Except the plea for mercy are considered:

a) materials concerning the persons condemned to capital punishment and who did not submit the plea for mercy;

b) representations of the Chairman of the Supreme Court, the Attorney-General of the Republic of Uzbekistan application of pardon to persons condemned by courts of the Republic of Uzbekistan to capital punishment or other types of punishment;

c) statements of persons who served sentence for release from compensation of the material damage collected on sentences of courts.

3. Pardon of convicts in type:

- replacements of capital punishment with imprisonment;

- full or partial relief from serving as the main, and additional punishment;

- replacements of unexpired part of punishment with milder pinishment;

- removals of criminal record.

4. Pardon is applied, as a rule, according to personal petitions of convicts.

Pleas for mercy are considered only after the introduction of sentence in legal force and after departure condemned half of term of punishment.

5. By consideration of the plea for mercy are taken into account:

- nature and degree of public danger of the committed crime, the identity of the convict, behavior, the relation to work, participation in work of the amateur organizations in places of detention, term of the served sentence, the extent of the indemnified loss and other circumstances;

- opinion of administration of correctional institution, public organizations and labor collectives;

- according to statements for release from compensation of material damage - opinion of the organization to which the damage, district, city, district khokimiyat in the city is caused;

- according to petitions of persons condemned by public vessels - opinion of the Ministry of Defence of the Republic of Uzbekistan.

6. Especially dangerous recidivists, and also persons to whom were applied delay of execution of sentence earlier amnesty, pardon, conditional condemnation or it is conditional - early release from punishment or replacement of punishment to softer if they before repayment or removal of criminal record committed intentional crime again, the corrections condemned, not followed way which left insignificant part of the penalty imposed by it term condemned for serious crimes can be pardoned only in exceptional cases.

7. Persons condemned to capital punishment can address with the plea for mercy within seven days from the date of the announcement the convict about the introduction of sentence in legal force, deliveries of the copy of sentence by it or cassation determination. In case the convict to capital punishment does not submit the plea for mercy to the specified time, or will declare the unwillingness to address with such petition for it, with observance of statutory rules the statement is drawn up. The petition or the act go to the office of the President of the Republic of Uzbekistan no later than three-day term from the date of acceptance of the petition or creation of the act.

Execution of sentence concerning person condemned to capital punishment stops before consideration of the petition or materials about refusal of submission of the plea for mercy.

8. For preliminary consideration of materials about pardon the Commission in case of the President of the Republic of Uzbekistan concerning pardon is created.

Deputies of Oliy Majlis of the Republic of Uzbekistan, representatives of labor collectives and public organizations, the Minister of Justice, the vice-chairman of Service of homeland security, the vice-chairman of Federation of trade unions of the Republic, the main consultants for administrative legal issues and concerning nationality and pardon are part of the Commission.

In case of impossibility of participation in meeting of the member of the commission from among the listed officials, functions it are performed by person replacing on principle place of employment.

The Attorney-General, the Chairman of the Supreme Court and the Minister of Internal Affairs of the Republic, and in their absence - deputies of the listed persons take part in work of the Commission.

Commission sessions are held by the Commission chairman or according to its order - the vice-chairman of the Commission.

The commission is considered competent in the presence of two thirds of her members. The decision of the Commission is made by most of the present members of the commission. In case of equality of votes the petition is considered rejected.

The decision of the Commission is drawn up by the protocol and signed by all members of the commission, and also the Attorney-General, Chairmen of the Supreme Court and the Minister of Internal Affairs of the Republic (their deputies) participating in meeting.

By results of consideration of offers of the Commission the draft of the Decree on pardon prepares.

In case of lack of the bases to pardon of the nationality condemned group of consultants and pardons reports about it to applicants. The group periodically informs the President on rejected petitions.

In case of origin during consideration of material about pardon of the questions needing additional check, the Commission has the right to disqualify it and to send to the Supreme Court or Prosecutor's office of the Republic for studying and making the conclusion.

9. Preparation of required materials according to pleas for mercy for consideration of the Commission and to the President of the Republic of Uzbekistan is assigned to group of consultants and reviewers concerning nationality and pardon.

10. The arrived pleas for mercy of persons condemned to capital punishment or materials about failure of these faces of submission of the plea for mercy before submitting for examination of the Commission go to the Supreme Court and Prosecutor's office of the Republic of Uzbekistan which, no later than represent the conclusions with indication of contents of the made judgments, circumstances of making of the crimes this about the identity of convicts and the substantive motions of each petition or materials about refusal of submission of the petition in a month.

According to the pleas for mercy of persons condemned to capital punishment for the crimes committed in places of detention submitted for consideration of the Commission, the conclusions represent also the Minister of Internal Affairs, and according to petitions of convicts for special dangerous high treasons - the Chairman of Service of homeland security of the Republic of Uzbekistan.

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