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

of December 20, 1996 No. 38

About some questions of practice of application by courts of the republic of the legislation on responsibility for mass riots

Due to the questions which arose on application by courts of the law on responsibility for mass riots and adoptions of the new penal legislation, the Plenum of the Supreme Court of the Republic of Uzbekistan decides:

1. Explain to courts that:

a) criminal liability, according to Art. 244 of the Criminal code, is born by organizers, and equally participants of mass riots which directly committed riots, destructions, arsons and other similar actions or showed armed resistance to public agents if actions of group of persons disturb the public peace, but are not followed by riots, destructions, arsons and other similar actions, they cannot be considered as mass riots and in the presence of the corresponding conditions attract responsibility according to Art. 277 of the Criminal code;

b) if participants of mass riots commit the thefts, robberies, robberies and other actions forming independent actus reus, the deeds should be qualified on cumulative offenses;

c) the victim of bodily harms should understand as personal violence both causing, and any other actions limiting its freedom and interfering implementation of the legitimate rights;

d) it is necessary to understand the fire, cold weapon or other objects which are specially made or adapted for defeat of the live purpose as the weapon used during mass riots. As weapon metal chains, scraps of pipes, armature etc. can be also used;

e) active participation in mass riots can be expressed in direct making of riots, arsons, destructions etc.;

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