RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE REPUBLIC OF UZBEKISTAN

of April 20, 2021 No. 13

About practice of consideration by courts of criminal cases in appeal procedure

Due to the changes made to the Code of penal procedure of the Republic of Uzbekistan, the questions arising in court practice and for the purpose of ensuring uniform and correct use of the provisions of the law, being guided by article 17 of the Law "About Courts" Plenum of the Supreme Court of the Republic of Uzbekistan decides:

1. Draw the attention of courts that review of criminal cases in appeal procedure is the important legal institution guaranteeing to participants of legal procedure the right to appeal of the judgments which did not take legal effect.

2. According to Article 497-2 of the Code of penal procedure of the Republic of Uzbekistan (further - the Code of Criminal Procedure) appeal production is initiated according to the claim of the convict, justified, his defender, legal representative, victim, his representative, civil claimant, civil defendant, their representatives, and also on protest of the prosecutor and his deputy.

Appeal production can be initiated also by other persons having according to part four of article 497-2 Code of Criminal Procedure the right to appeal of sentence in part which affects their rights and legitimate interests. Persons who are not recognized in the procedure established by the law as these or those participants of process, but proceeding from the actual position, needing judicial protection are among such (the pledger, person whose property it is seized also others).

With respect thereto, the Trial Court in case of adoption of the claim (protest) shall check competence of person who made the petition for appeal (protest).

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