of June 23, 2023 No. 18
About court practice on some questions of the indemnification caused to the rehabilitee and its recoveries in other rights
Due to the questions arising in court practice on compensation to the rehabilitee of harm and its recovery in other rights based on article 22 of the Law "About Courts", the Plenum of the Supreme Court of the Republic of Uzbekistan decides:
1. In case of establishment of the circumstances provided in Article 83 of the Code of penal procedure of the Republic of Uzbekistan (further in the text - the Code of Criminal Procedure) at stage of pre-judicial production, rehabilitation of person is performed by means of such procedural documents as refusal in initiation of legal proceedings, the termination of accusation in the relation of person involved on case in quality of the suspect or the person accused, pronouncement of the verdict of not guilty in court, the termination of criminal case.
2. Rehabilitation is recovery of the violated rights and freedoms of person which is unreasonably attracted to criminal prosecution.
According to article 302 Code of Criminal Procedure the rehabilitee has right to claim to compensation property and elimination of effects of the moral harm done to it by illegal arrest, illegal detention or the room under house arrest as measure of restraint, illegal suspension of action of the passport (travel document), illegal discharge from position in connection with attraction to participation in case in quality of the person accused or the illegal placement to medical institution and also shall be recovered in labor, pension, housing and other rights.
3. In other rights based on rehabilitation, persons have right to claim of indemnification and recovery:
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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