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LAW OF THE REPUBLIC OF UZBEKISTAN

of September 6, 2017 No. ZRU-442

About modification and amendments in some legal acts of the Republic of Uzbekistan in connection with enhancement of institute of inquiry

Accepted by Legislative house on August 18, 2017

Approved by the Senate on August 24, 2017

Article 1. From disposition of part one of article 148 of the Criminal code of the Republic of Uzbekistan approved by the Law of the Republic of Uzbekistan of September 22, 1994 No. 2012-XII (Sheets of the Supreme Council of the Republic of Uzbekistan, 1995, No. 1, Art. 3; Sheets of Oliy Majlis of the Republic of Uzbekistan, 1996, No. 9, Art. 144; 1997, No. 2, Art. 56, No. 9, Art. 241; 1998, Art. No. 5-6, 102, No. 9, Art. 181; 1999, No. 1, Art. 20, No. 5, Art. 124, No. 9, Art. 229; 2000, No. 5-6, of Art. 153; 2001, Art. No. 1-2, 23, No. 9-10, Art. 165; 2002, No. 9, Art. 165; 2003, No. 1, Art. 8, No. 9-10, Art. 149; 2004, Art. No. 1-2, 18, No. 9, Art. 171; Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2005, No. 9, Art. 314, No. 12, Art. of the Art. 417, 418; 2006, No. 6, Art. 261, No. 12, Art. 656; 2007, No. 4, Art. of the Art. 158, 166, No. 6, Art. 248, No. 9, Art. of the Art. 416, 422, No. 12, Art. 607; 2008, No. 4, Art. of the Art. 187, 188, 189, No. 7, Art. 352, No. 9, Art. of the Art. 485, 487, 488, No. 12, Art. of the Art. 640, 641; 2009, No. 1, Art. 1, No. 4, Art. 128, No. 9, Art. of the Art. 329, 334, 335, 337, No. 12, Art. 470; 2010, No. 5, Art. of the Art. 176, 179, No. 9, Art. 341, No. 12, Art. of the Art. 471, 477; 2011, No. 1, Art. 1; 2012, No. 4, Art. 108, No. 9/1, Art. 242, No. 12, Art. 336; 2013, No. 4, Art. 98, No. 10, Art. 263; 2014, No. 1, Art. 2, No. 5, Art. 130, No. 9, Art. 244, No. 12, Art. 343; 2015, No. 6, Art. 228, No. 8, Art. of the Art. 310, 312, No. 12, Art. 452; 2016, No. 4, Art. 125, No. 9, Art. 276, No. 12, Art. of the Art. 383, 385; 2017, No. 3, the Art. 47, No. 6, the Art. 300) to exclude the words "or non-execution of the judgment about recovery at work".

Article 2. Bring in the Code of penal procedure of the Republic of Uzbekistan approved by the Law of the Republic of Uzbekistan of September 22, 1994 No. 2013-XII (Sheets of the Supreme Council of the Republic of Uzbekistan, 1995, No. 2, Art. 5; Sheets of Oliy Majlis of the Republic of Uzbekistan, 1995, No. 12, Art. 269; 1997, No. 2, Art. 56, No. 9, Art. 241; 1998, Art. No. 5-6, 102, No. 9, Art. 181; 1999, No. 1, Art. 20, No. 5, Art. 124, No. 9, Art. 229; 2000, Art. No. 5-6, 153, No. 7-8, Art. 217; 2001, No. 1-2, of the Art. of the Art. 11, 23, No. 9-10, Art. of the Art. 165, 182; 2002, No. 9, Art. 165; 2003, No. 5, Art. 67; 2004, Art. No. 1-2, 18, No. 9, Art. 171; Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2005, No. 12, Art. 418; 2006, No. 6, Art. 261; 2007, No. 4, Art. 166, No. 6, Art. of the Art. 248, 249, No. 9, Art. 422, No. 12, Art. of the Art. 594, 595, 607; 2008, No. 4, Art. of the Art. 177, 187, No. 9, Art. of the Art. 482, 484, 487, No. 12, Art. of the Art. 636, 641; 2009, No. 1, Art. 1, No. 4, Art. 136, No. 9, Art. 335, No. 12, Art. of the Art. 469, 470; 2010, No. 6, Art. 231, No. 9, Art. of the Art. 334, 336, 337, 342, No. 12, Art. 477; 2011, No. 4, Art. of the Art. 103, 104, No. 9, Art. 252, No. 12/2, Art. 363; 2012, No. 1, Art. 3, No. 9/2, Art. 244, No. 12, Art. 336; 2014, No. 9, Art. 244; 2015, No. 8, Art. of the Art. 310, 312, No. 12, Art. 452; 2016, No. 4, Art. 125, No. 9, Art. 276, No. 12, Art. 385; 2017, No. 3, Art. 47, No. 6, Art. 300), following amendments and changes:

Part third of article 25 after words "the conclusions or" to add 1) with words "the indictment or";

Part one of Article 36 to state 2) in the following edition:

"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 and also to cancel or change measure of restraint according to article 240 of this Code; 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; 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";

Article 38 to state 3) in the following edition:

"Article 38. Inquiry

Inquiry on criminal cases is made by investigators:

1) law-enforcement bodies;

2) Department on fight against tax, currency offenses and legalization of the criminal income 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";

To add 4) with Article 38-1 of the following content:

"Article 38-1. Powers of the investigator

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, and also cancel or change measure of restraint according to article 240 of this Code; 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; 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.

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