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

of February 3, 2006 No. 2

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

Appeal production is important form of check of legality, justification and justice of judgments on criminal cases.

Studying of court practice during the time which expired from the date of introduction of this institute showed that courts, generally correctly apply the regulations of the criminal procedure law concerning hearing of cases in appeal procedure.

At the same time, in court practice there are questions requiring additional explanation of the separate provisions of the law.

Due to stated, 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 the appellate instance is one of means of ensuring of the right to appeal of judgments, timely correction of miscarriages of justice and protection of the rights of participants of criminal procedure.

2. According to article 497-2 Code of Criminal Procedure appeal production is initiated according to the claim of the condemned (justified), his defender or the legal representative, the victim or his representative, the civil claimant, the civil defendant or their representatives, and also on protest of the prosecutor or his deputy.

Appeal production can be initiated also by other persons, in the cases provided by part four of article 497-9 Code of Criminal Procedure.

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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