LAW OF THE REPUBLIC OF UZBEKISTAN

of May 14, 2020 No. ZRU-617

About modification and the amendments in the Code of penal procedure of the Republic of Uzbekistan directed to strengthening of protection of the rights and freedoms of the citizens who are involved in criminal trial

Accepted by Legislative house on April 7, 2020

Approved by the Senate on May 11, 2020

Article 1. 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, No. 9, Art. of the Art. 506, 510, No. 10, Art. 605; 2018, No. 1, Art. of the Art. 1, 5, No. 4, Art. of the Art. 218, 224, No. 7, Art. of the Art. 430, 431, No. 10, Art. 679; 2019, No. 1, Art. of the Art. 3, 5, No. 2, Art. 47, No. 3, Art. 161, No. 5, Art. of the Art. 259, 267, No. 7, Art. 386, No. 8, Art. 469, No. 9, Art. of the Art. 589, 592, No. 10, Art. 671, No. 11, Art. of the Art. 787, 791, No. 12, Art. of the Art. 880, 881, 891; 2020, No. 3, Art. 204), following changes and amendment:

Part one of Article 52 to state 1) in the following edition:

"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";

2) in Article 91:

the fourth to state part in the following edition:

"Video the following legal proceedings are subject to obligatory fixing:

1) inspection of the scene on especially serious crimes;

2) search;

3) verification of indications on site events;

4) investigative experiment;

5) detention of person;

6) refusal of the defender;

7) the personal search and dredging which are carried out during detention of person";

add with part five of the following content:

"Fixing by video of the legal proceedings provided in Items 5, 6 and 7 parts four of this Article is performed taking into account the features established by this Code";

The text of Article 217 to state 3) in the following edition:

"The investigator, the investigator, the prosecutor, having applied to the suspect, the person accused measure of procedural coercion in the form of detention, and court - in the form of detention, house arrest or the placement of person to medical institution to examination production, shall notify without delay on application to person of measure of procedural coercion and the place of its content any of members of his family, and in case of their absence - other relatives or close persons, also to report about it on place of employment or studies.

If the detainee taken into custody, placed under house arrest or in medical institution is citizen of other state, then the Ministry of Foreign Affairs of the Republic of Uzbekistan shall be without delay notified on it. The copy of the notification is filed";

The text of Article 224 to state 4) in the following edition:

"Having established directly or according to eyewitnesses availability of one of the bases of detention specified in Article of 221 of this Code, the employee of law-enforcement body, other competent person shall:

1) to call itself and upon the demand of detained to show the identity document;

To tell 2) to the suspect that he is detained on suspicion of crime execution;

To explain 3) to the lawyer detained procedural law on phone call or the message or the close relative, to have the defender, to refuse evidence;

To notify 4) detained that the evidences given them can be used as proofs on criminal case against it;

5) to demand from detained to proceed in the nearest law-enforcement body or other law enforcement agency.

The detaining competent person has the right to carry out personal search or dredging in the presence of good causes to believe that detained it has in case of itself weapon or intends to be exempted from the proofs exposing him in crime execution. The protocol of personal search or dredging can be constituted after delivery of the detainee in law-enforcement body or other law enforcement agency in the presence of witnesses.

The legal proceedings provided in parts one and the second this Article are without fail fixed by video.

In cases, the being urgent legal proceedings of carrying out provided in parts one and the second this Article their implementation without fixing is allowed by video. This rule does not extend to cases of implementation of detention in the building of law-enforcement body or other law enforcement agency.

In case of detention of person without fixing by video the employee of law-enforcement body or other law enforcement agency shall explain procedural law of the detainee with obligatory fixing by video after delivery it to the building of law-enforcement body or other law enforcement agency. The detainee gets acquainted with video by its reproduction.

Fixing by video of the personal search integrated to exposure of person is not allowed.

In the protocol of detention, personal search or dredging the mark about fixing of legal proceedings by video which materials join it becomes.

If the detainee does not own or knows insufficiently language in which proceeedings are conducted, the suspect's rights before the first interrogation are explained to it with participation of the translator about what the mark in the protocol becomes.

Competent persons and citizens for the illegal or unreasonable arrest undertaken by them or abuse of authority during detention are subject to the responsibility established by the law";

Part one of Article 225 to state 5) in the following edition:

"Immediately after delivery of the detainee in law-enforcement body or other law enforcement agency duty or other employee of law enforcement agency on specifying of the chief shall constitute the protocol of detention with indication of:

1) place and time of its creation;

2) who, whom, when under what circumstances, on specified in the law to what bases it is detained;

3) of what making of crime the detainee is suspected;

4) in what time the detainee is brought to law-enforcement body or other law enforcement agency;

5) results of personal search of the detainee and dredging (in case of their carrying out);

6) carrying out fixing of detention by video (in case of its carrying out), acquaintances of the detainee to video materials, and also technical characteristics of the means used during detention. The protocol is certified the signatures the employee of law-enforcement body or other law enforcement agency to whom check of justification of detention, the competent person or the citizen who performed detention, the detainee and witnesses is charged".

Article 2. To provide to the Prosecutor General's Office, the Supreme Court of the Republic of Uzbekistan and other interested organizations execution, bringing to contractors and explanation among the population of essence and value of this Law.

Article 3. This Law becomes effective from the date of its official publication.

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