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

of June 23, 2023 No. 17

About court practice on cases on fraud

Due to the questions which arose in judicial and investigative practice, and also changes and additions made to the legislation based on article 22 of the Law "About Courts" Plenum of the Supreme Court of the Republic of Uzbekistan decides:

1. According to the Constitution of the Republic of Uzbekistan equality and legal protection of all patterns of ownership is provided, and any infringement of it is pursued under the law.

2. Draw the attention of courts, that in the conditions of market economy among the acts connected with infringement of property the tendency of growth of crimes in the form of plunder of alien property by fraud is noted.

3. Fraud is expressed in illegal and non-paid occupancy by someone else's property or the right to alien property by deception or confidence abuse as a result of which the owner (his representative), other owner of property or authorized body transfers property or the right to it to other person or gives opportunity for withdrawal of property or acquisition of right to it by other person.

4. In case of fraud should understand the conscious message as deception guilty persons of obviously false, untrue data or default about the true facts which based on the circumstances of a matter shall be told the owner, other owner of property or the intentional actions directed to introduction of these persons in delusion.

In case of fraud data on any circumstances which can mislead injured, in particular, dispositive facts and events, quality and property value, the identity of the guilty person, its intention, power can belong to false data (for example, the perpetrator issues itself for the official or for the employee of law enforcement agencies or for the entrepreneur acting on legal causes, etc.).

Falsification of subject of the transaction or payment, application of fraudulent acceptances in case of game in the hazardous or based on risk other games can belong to the intentional actions directed to false representation in case of fraud, for example, etc.

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