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

of December 19, 2003 No. 17

About practice of application by courts of the laws providing to the suspect, the person accused right of defense

The right of the suspect, person accused, defendant, convict, justified (further - the suspect, the person accused) on protection is one of the fundamental principles of criminal trial, the guaranteeing acceptance in the matter of the legal, reasoned and fair decision.

Studying of court practice shows that bodies of inquiry, the investigations, and also courts the right of defense in general is provided to the suspect, the person accused.

At the same time, value of this legal institution as most important factor of respecting the rule of law and establishment of the truth on case is underestimated. The facts of gross violation of the rights of the suspect accused on protection as during inquiry and pretrial investigation, and legal proceedings are not obsolete.

For the purpose of ensuring steady fulfillment of requirements of the law, eradication of the facts of violation of the right of the suspect accused on protection according to article 17 of the Law of the Republic of Uzbekistan "About courts", the Plenum of the Supreme Court of the Republic of Uzbekistan decides:

1. Explain to courts that the right of the suspect accused on protection follows directly from normkonstitution of the Republic of Uzbekistan, guaranteeing everyone ensuring personal liberty and immunity.

2. The right of the suspect accused on protection is set of the procedural opportunities (means and methods) for confutation of the arisen suspicion given it by the law, the brought charge or mitigation of responsibility and punishment.

3. The right of defense is provided in all stages of criminal trial.

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