of December 19, 2020 No. 34
About increase in role of courts on identification of the reasons and conditions promoting making of crimes
Due to the questions arising in court practice and for the purpose of ensuring the correct application by courts of regulations of the criminal procedure law on measures for the prevention of crimes, 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 according to Article 296 of the Code of penal procedure of the Republic of Uzbekistan the investigator, the investigator, the prosecutor and court in case of criminal proceeding shall establish the reasons and conditions promoting crime execution as it is the essential instrument of increase in efficiency of the activities directed to prevention of crime and other offenses.
2. Resolving issue of purpose of criminal case to legal proceedings, courts need to check carefully whether are executed by body of inquiry or pretrial investigation of the requirement of the procedural law, including on identification of the reasons and conditions promoting crime execution. In case the specified requirement of the law was not fulfilled, the court shall take the measures providing clarification of these circumstances.
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