of October 2, 1997 No. 9
About observance of the procedural legislation by courts in case of legal proceedings of criminal cases
The plenum of the Supreme Court of Turkmenistan notes that the vast majority of cases is considered by courts in strict accordance with requirements of the criminal procedure law.
At the same time by consideration of separate criminal cases on the first instance severe violations of the procedural legislation in this connection the questions which are subject to permission in preparatory part of judicial session and in case of court investigation do not become clear with sufficient completeness a lot of things are still allowed: the procedure for permission of petitions, researches of proofs, including productions of examination and survey of physical evidences is broken. The facts of violation of general terms of legal proceedings take place.
In protocols of judicial sessions of the testimony of the interrogated persons, petitions of participants of process register is incomplete and inexact, not stipulated corrections are allowed. Specifying and other violations of the criminal procedure legislation deprive courts of opportunity comprehensively, fully and objectively to research all facts of the case, to establish the reasons and conditions promoting crime execution that as a rule, attracts the resolution of unreasonable sentence.
Velayatsky courts and the Ashgabat city court contrary to requirements of the law by consideration of criminal cases in cassation procedure and according to the procedure of supervision yet not in all cases carefully check observance of the criminal procedure legislation by courts in case of legal proceedings and do not take necessary measures for elimination of the allowed violations.
For the purpose of elimination of noted shortcomings and improvement of quality of legal proceedings of criminal cases, the Plenum of the Supreme Court of Turkmenistan
Decides:
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