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

of September 24, 2004 No. 12

About some questions of application of regulations of the criminal procedure law on admissibility of proofs

The fundamental principle of the criminal procedure law enshrined in the Constitution of the Republic of Uzbekistan is the presumption of innocence according to which person is considered innocent until his guilt in crime execution is proved in the procedure provided by the law and is established by the court verdict which took legal effect.

The sentence can be based only on those proofs which are collected in the procedure established by the law.

Studying of court practice shows that in case of production of inquiry, pretrial investigation and judicial review of criminal cases in general the rules of the criminal procedure law on proofs and proof are respected.

At the same time the violation facts from investigators are not obsolete, investigators, prosecutors and court of the requirements of the law regulating procedure for collecting, check and assessment of proofs.

For the purpose of strengthening of protection of the rights of citizens against illegal actions of the state bodies and officials responsible for criminal proceeding, ensuring compliance and execution with requirements of the Constitution, the Code of penal procedure by them, being guided by article 17 of the Law "About Courts", the Plenum of the Supreme Court of the Republic of Uzbekistan

DECIDES:

1. Explain that according to the principle of legality enshrined in article 11 Code of Criminal Procedure, production on each criminal case shall be performed in strict accordance with the established criminal procedure law procedure.

Respect for the principle of legality is obligatory also in activities of bodies of inquiry, pretrial investigation and court for collecting, check and assessment of proofs.

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