Criminal Code (2001)

THE ACADEMY OF MINISTRY OF INTERNAL AFFAIRS

REPUBLIC OF UZBEKISTAN

EXTRACTIONS

From the Criminal Code and Criminal Procedure Code of the Republic of Uzbekistan with changes and amendments in connection with the liberalization of criminal punishments introduced with the Law of the Republic of Uzbekistan dated 29 August 2001

(information bulletin for the participants of an international conference "Alternative sanctions to deprivation of liberty in Criminal Code of the Republic of Uzbekistan: reality and perspectives)

Organizers: Academy of MIA of the Republic of Uzbekistan

Open Society Institute - Uzbekistan

COLPI

ODIHROSCE

Tashkent-2001

REPUBLIC OF UZBEKISTAN

EXTRACTIONS FROM THE CRIMINAL CODE

SECTION 4

PUNISHMENT AND ITS OBJECTIVES

CHAPTER X. THE CONCEPT, OBJECTIVES AND TYPES OF PUNISHMENT

Article 42. The concept and objectives of a punishment

Punishment is a coercive measure imposed on behalf of the State against a person, who is found guilty of committing a crime by verdict of a court, and it means deprivation or restriction of the rights and freedoms as provided by law.

Punishment shall be imposed in order to correct, to cease further criminal activity, as well as to prevent committing new offences by a convict, as well as by others.

Article 43. The system of punishments

The following principal punishments shall be imposed against those, found guilty of committing a crime:

а) fine;

b) deprivation of a particular right;

c) corrective labor;

d) restriction in military service;

e) arrest;

f) sending to disciplinary battalion;

g) deprivation of liberty;

h) death punishment.

Beside principal punishments, the supplementary punishment like deprivation of a military or a special title can be imposed against convict.

Punishments like restrictions in military service and sending to disciplinary battalion can be imposed only against military personnel.

Deprivation of a particular right can be imposed not only as a principal punishment, but also as a supplementary punishment.

Article 48. Arrest

Arrest means keeping a person in conditions of strict isolation and it is imposed for the term ranging from one to six months.

(Amended by Law of the Republic of Uzbekistan, 27 December 1996)

Article 50. Deprivation of Liberty

Deprivation of liberty (imprisonment) means isolating the convicted from society by placing him/her in a colony or prison.

Deprivation of liberty (imprisonment) is imposed for a period of six months to twenty years.

Deprivation of Liberty for a period of up to 25 years may be imposed in cases envisaged in 60 Article of this Code.

In respect of male-convicted at the age of sixty or older, as well as female-convicted, the period of punishment cannot exceed three forth of the maximal term of imprisonment as provided in Special Part of this Code.

The convicted-men shall serve their times in accordance with below mentioned terms:

a) the convicted, who is to be imprisoned for committing less grave crime or a crime that does not constitute a serious threat committed as a result of carelessness shall serve their terms in colony settlements;

b) for less grave crime committed as a result of carelessness and for crime, which does not constitute a serious threat, the convicted shall serve his term in colony settlements;

c) the convicted, who has committed a grave crime or who has previously been imprisoned for committing a premeditated crime and reconvicted on the same charges shall serve his term in colonies of strict regime;

d) the recidivists that pose a threat to public shall serve their terms in colonies of special regime. In respect of those, who have previously been sentenced to capital punishment but in the event of replacement of capital punishment with an imprisonment term in the order of pardon, colonies of special regime shall serve as a place of detention.

The convicted-women shall serve their terms considering the below-mentioned:

recidivists, who have committed a grave crime shall serve their term in the colony of strict regime;

the convicted-women, who have committed less grave crime as a result of carelessness, shall serve their term in colony settlements;

for other crimes committed – in colonies of general regime.

(The edition of Laws of the Republic of Uzbekistan dated 27 December 1996 y. – The Bulletin of Oliy Majlis of the Republic of Uzbekistan, 1997 y. N2, page 56 )

Deprivation of liberty might be used in the form of detention in prison for part of the punishment term, but not for more than five years with regard to the following persons:

for recidivists that pose a serious threat to public;

for convicted, who have committed grave crime and sentenced to a prison term of more than five years.

SECTION SIX

PECULIARITIES OF LIABILITIES OF JUVENILES

CHAPTER XV. PUNISHMENT AND ITS PRINCIPLES

Article 81. The system of punishment

The following principal punishments may be enforced with regards to those convicted who are under the age of eighteen:

fine;

community work;

arrest;

deprivation of liberty;

Those, who are under eighteen and who have committed a crime shall not be subject to additional punishment.

Article 84. Arrest

Arrest is imposed with regards to juveniles, who have reached the age of sixteen as of passing the decision by the Court to the time limit ranging from one to three months.

Article 85. Deprivation of Liberty

The Court sentences juveniles to a deprivation of liberty for the term ranging from 6 months to 10 year excluding the cases stipulated by part two, three, and four of 86 Article of this Code.

With regard to juveniles, who are between thirteen and sixteen years, the period deprivation of liberty is determined as:

for less grave crime – up to three years;

for grave crime – up to 6 years;

for crime of special grave nature – up to ten years.

With regard to those juveniles, who have committed a crime which does not constitute a serious public threat, punishment in the form of deprivation of liberty shall not be imposed.

With regard to those juveniles, who are between sixteen and eighteen, the deprivation of liberty shall be determined as:

for less grave crime – up to four years;

for grave crime – up to seven years;

for crime of special grave nature – up to ten years.

With regard to those, who have not reached the age of eighteen as of passing the decision, the deprivation of liberty shall be imposed in the form of serving in educational colonies of general and strict regime.

With regard to male juvenile-convicted, the deprivation of liberty shall be determined as:

for those, who have been sentenced to deprivation of liberty for the first time – in colonies of general regime;

for those, who have previously been sentenced to deprivation of liberty – in colonies of strict regime.

With regard to female juvenile-convicted, the deprivation of liberty shall be imposed in the form of serving in colonies of general regime.

Article 86. Determination of a punishment

When determining the form of punishment with regard to a juvenile, the Court shall take into account the intellectual maturity, living conditions and upbringing, health condition, motives and causes of the committed crime, the influence of adults and other circumstances that influence to the personality of a juvenile.

A juvenile between thirteen and sixteen, who is found guilty of committing a crime, may be sentenced to a deprivation of liberty up to ten years with adding up all the criminal elements committed by him. In case one of the committed crime is to be of a special grave nature, juvenile may be sentenced to a deprivation of liberty for up to twelve years.

A juvenile between sixteen and eighteen, who is found guilty of committing a crime, may be sentenced to a deprivation of liberty up to twelve years with adding up all the criminal elements committed by him. In case one of the committed crime is to be of special grave nature, the deprivation of liberty may be up to fifteen years.

A juvenile between thirteen and eighteen, who is found guilty of committing a crime, shall not be sentenced to more than fifteen years of deprivation of liberty adding up all the crime committed by him.

Court may also pass a suspended sentence in determining the punishment in the form of deprivation of liberty or community work with regard to a juvenile as stipulated by 72 Article of this Code.

CHAPTER XVL EXEMPTION FROM LIABILITY (AMENABILITY) OR A PUNISHMENT

Article 87. Exemption from liability (amenability) or a punishment with the enforcement of constraint measures.

A juvenile may be exempted from responsibility (amenability) taking into account the character of criminal action, personality of the convicted and other circumstances, and in case that the crime committed by him does not pose a public threat by further assignation of materials for consideration by the commission on working with juveniles.

With regard to a juvenile, who has committed a less grave crime for the first time and for which deprivation of liberty may not exceed three years, or who has committed a crime, that does not pose a public threat for the second time, Court shall be obliged to discuss the question of exemption from punishment and enforcing constraint measures, if there are serious grounds stipulated by part one of this article.

Article 88. Constraint measures

Constraint measures which are enforced with regard to juveniles may be in the form of :

imposing an obligation to apologize from the victim, the form of which shall be determined by Court;

imposing an obligation to indemnify the damage inflicted with his own means and labor with regards to a juvenile, who has reached the age of sixteen. This measure is enforced in case the damage inflicted does not exceed ten times the amount of minimal monthly salary. In other cases, the damage inflicted shall be indemnified in accordance with civic law.

placing a juvenile to a special correction facility.

The period and terms of placing a juvenile into correction facilities shall be determined by the legislation of the republic of Uzbekistan.

Extractions from the Criminal Procedure Code of the Republic of Uzbekistan

SECTION FOUR

PROCEDURE CONSTRAINTS

CHAPTER 28. CONSTRAINT MEASURES

Article 236. Purposes and grounds of imposition of the constraint measures

Constraint measures shall be imposed to prevent an accused, a defendant to evade from inquiry, pre-trial investigation and trial; to cease his further criminal activity; to impede his attempts to hinder the ascertaining of truth on the case; to provide for the execution of the sentence.

Election of detention as a constraint measure may be based on a grounded assumption that the accused or defendant would escape from inquiry, pre-trial investigation, and trial simply because of the committed crime’s grievance, which is stipulated by the paragraphs four and five of article 15 of the Criminal Code of the Republic of Uzbekistan.

With regard to persons pending commitment to a medical institution for expert’s examination as well as to persons recognized as insane or became mentally sick after having committed a crime, the constraint measures can be imposed in order to prevent their escape and commission of other actions dangerous to society as well as to ensure the execution of the court’s ruling on imposition of the coercive measures of medical character.

Article 237. Types of constraint measures

Constraint measures shall be as follows: 'the signed statement to behave', 'personal guarantee' or 'guarantee of a civic organization or collectives', 'bail', ‘placing into custody’, ‘placing of a juvenile under supervision’, ‘supervision of a military commanders over a military trooper’. A person may be subjected only to one constraint measure out of the aforementioned.

Article 238. Circumstances accounting for the election of constraint measures

While considering necessity of election of one or another constraint measure, an inquiry officer, investigator, procurator, or court shall take into account the gravity of accusation, personality of the accused, type of his activity, age, health condition, family status, and other circumstances along with the grounds stipulated in article 236 of the present Code.

Article 239. Persons against whom constraint measures can be imposed

A constraint measure may be imposed only against the accused, defendants and persons recognized as mentally disturbed or fallen with psychiatric disease after having committed the crime.

A constraint measure such as placement into custody (detention pending trial) may be imposed on:

a deputy (member) of the Oliy Majlis (parliament) of the Republic of Uzbekistan, deputy (member) of Jokarghy Kenes (parliament) of the Republic of Karakalpakstan, deputies (members) of the regional, district, and city Councils of people’s representatives under procedure prescribed by legislation;

judge of the Constitutional Court of the Republic of Uzbekistan – with the consent of the Constitutional Court of the Republic of Uzbekistan; judges of other courts of the Republic of Uzbekistan – with the consent of the Plenum of the Supreme Court of the Republic of Uzbekistan or Plenum of the Highest Economical Court of the Republic of Uzbekistan respectively;

procurator and investigator of the procurator office – with the consent of the General Procurator of the Republic of Uzbekistan.

Article 240. Resolution or ruling regarding imposition, cancellation, and change of a constraint measure

Constraint measures can be imposed, cancelled, and changed by a resolution of the inquiry officer, investigator, procurator, and the ruling of the court.

The resolution or the ruling regarding the imposition, cancellation, change of the constraint measure shall contain the following: information about a crime in committing of which a person is accused of; reference to the grounds stipulated by law for imposition of a constraint measure, or reference to the absence or the change of such grounds with due provision of evidence; arguments explaining the necessity of imposition, cancellation, or change of the constraint measure with the account of the prescribed by law circumstances affecting the choice of the constraint measure. Resolution or ruling shall be communicated immediately to a person in whose respect it is issued with the exception of instances whereby the communication is impeded by the person’s heavy disease or his escape.

Article 241. Complaint about constraint measure

A constraint measure, which was elected during the course of pre-trial investigation, may be complained to a procurator, who supervises over investigation and who shall have the right to cancel or change it. The procurator shall consider the complaint within three days from the moment of its receipt thereof and shall notify the person who filed the complaint about his decision.