of December 20, 1996 No. 37
About court practice about stealing of vehicles
Having discussed results of generalization of court practice on cases on stealing of vehicles, the Plenum of the Supreme Court of the Republic of Uzbekistan notes that in work of the courts still there are massive faults and mistakes.
Not always correctly such essential elements of offense as frequency, its making by previous concert are understood by the group of persons organized by group.
Not on all cases the reasons and conditions promoting making of this type of crime become clear, measures to their elimination are not taken.
Due to the questions arising in court practice on cases on stealing of vehicles, the Plenum of the Supreme Court of the Republic of Uzbekistan decides:
1. Explain to courts that according to part one of article 267 UK it is necessary to understand the movement of others vehicle made without the plunder purpose as stealing of vehicles.
The crime is considered the guilty person of the vehicle ended from the moment of movement.
2. It is necessary to understand all types of automobile and cargo cars, buses, special machines, tractors, trolleybuses, trams, motorcycles, motor scooters as vehicles with engine capacity at least 50 cm 3, road, construction, farm and other self-moving vehicles (excavators, bulldozers, auto-loaders, the grader, truck cranes, the scraper, etc.) and also scooters.
3. Stealing of the vehicle can be committed only with direct intention, without the plunder purpose.
When the guilty person, hijacking the vehicle, pursues the aim of plunder, its actions depending on nature of act should be qualified on the Item "g" of part two or the Item "in" of part three of article 267 UK. Additional qualification of these actions respectively under Article 164, 166 or 169 UK is not required.
4. Person cannot bear responsibility according to Art. 267 of UK if it self-willedally uses the vehicle assigned to it.
5. It is necessary to understand steady consolidation of two or more persons for the purpose of making of stealings or other crimes as organized group.
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