of September 24, 2004 No. 13
About court practice on cases on premeditated murder
According to the Constitution of the Republic of Uzbekistan the right to life is the inalienable right of each person. Infringement of it is worst crime.
Importance of ensuring the correct application of the penal legislation on cases on premeditated murder is caused by the fact that the law for making of this crime in case of aggravating circumstances provides purpose of lifelong imprisonment.
According to article 17 of the Law "About Courts" Plenum of the Supreme Court of the Republic of Uzbekistan decides:
1. By hearing of cases about premeditated murder courts shall fulfill strictly requirements of the law on careful, comprehensive, complete and objective investigation of the facts of the case.
On each case the fault form shall be established, motives, the purpose and method of murder are found out, and also other circumstances important for the correct legal treatment of deeds and appointment to the guilty person of just punishment are researched.
2. It must be kept in mind that premeditated murder can be committed both with direct, and with indirect intent.
When making premeditated murder the guilty person affects intentionally deprivation of life of the victim, expects socially dangerous effects, wishes (direct intention) or consciously approach of death allows (indirect intent).
3. Attempt at premeditated murder is possible only with direct intention when the guilty person realized socially dangerous nature of the act, expected the death of the victim and wished its approach, but death did not come owing to circumstances (in view of the active resistance of the victim, intervention of other persons, timely rendering medical care to the victim, etc.).
With respect thereto it is necessary to establish whether the guilty person with intention to deprive of the victim's life whether he wished approach of death what circumstances interfered with approach of desirable result acted.
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