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

of June 1, 2001 No. 5

About practice of consideration of criminal cases in cassation and supervising procedure

Consideration of criminal cases in cassation and supervising procedure is important form of check by court of higher instance of the legality, justification and justice of the passed judgments directed to elimination of miscarriages of justice.

Regulations of the criminal procedure law are generally applied by courts correctly, however, mistakes therefore the decisions which are not corresponding to the law are passed are in certain cases made.

For the purpose of explanation of the questions which arose by hearing of cases in cassation and supervising procedure, ensuring uniform court practice in the specified stages of legal proceedings, being guided by article 17 of the Law "About Courts", the Plenum of the Supreme Court of the Republic of Uzbekistan decides:

1. Draw the attention of courts that consideration of criminal cases in cassation and supervising procedure, guarantees increase in efficiency of justice by correction of miscarriages of justice.

2. Explain to courts that the group of people, having the right in accordance with the established procedure to make the complaint or to bring protest in cassation procedure or to ask to review judgments according to the procedure of supervision is determined in Articles 498, of 510, 511 both 516 Codes of penal procedure, and is not subject to expanded interpretation.

3. Superior courts shall check correctness of registration of cases by subordinate courts for consideration in cassation procedure, according to requirements of part 4 articles 473, of articles 479, of 498 Codes of Criminal Procedure, in particular, of accomplishment of the following requirements:

explanations to the parties sentence essence, term and procedure for its appeal in appeal or cassation procedure;

notices of the interested participants of process on the arrived claim or protest;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info