RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF TURKMENISTAN

of October 2, 1997 No. 10

About practice of application by courts of the legislation on cases on crimes of minors and on their involvement in criminal and other antisocial activities

Having discussed court practice on cases on crimes of minors and on their involvement in criminal and other antisocial activities, the Plenum of the Supreme Court of Turkmenistan notes that courts generally correctly apply the legislation by hearing of cases of this category.

At the same time, in work of the courts there are also essential shortcomings reducing efficiency of fight against crime among minors. Courts not always fully fulfill requirements of the procedural law, establishing conditions and procedure for hearing of cases, separate courts sometimes do not observe the principle of individualization in case of purpose of measure of punishment to guilty persons, quite often underestimate role of the public in correction and re-education of minor offenders, disregard cases when bodies of pretrial investigation do not apply the law on criminal liability of adults for involvement of teenagers in criminal or other antisocial activities. Not on all cases the reasons become clear, and the measures provided by the law to their elimination are not taken.

For the purpose of elimination of noted shortcomings, ensuring uniform application by courts of the legislation providing responsibility on cases on crimes of minors and on their involvement in criminal and other antisocial activities, the Plenum of the Supreme Court of Turkmenistan

Decides:

1. Draw the attention of courts to need of ensuring such level of judicial activities which as much as possible would promote the successful solution of tasks of the prevention and eradication of youthful crime, their education in the spirit of steady execution of requirements of the laws.

For this purpose courts of Turkmenistan shall observe strictly requirements of the law concerning legal proceedings for minors to constantly increase quality of consideration of these cases, culture and educational impact of legal procedures, to try to obtain efficiency of scheduled maintenance.

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