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

of December 20, 1996 No. 39

About application by courts of the legislation providing the right to justifiable defense from socially dangerous encroachments

The right to justifiable defense affirmed in article 37 UK of the Republic of Uzbekistan is the important sales warranty of the constitutional regulations on integrity of human beings, the dwelling and property of citizens, provides conditions for accomplishment by citizens of their constitutional and public concerns. It obliges courts to observe strictly the legislation on justifiable defense when implementing justice.

Showed studying of court practice that courts generally correctly apply the legislation on justifiable defense. At the same time by consideration of specific criminal cases many mistakes are still made. Sometimes courts incorrectly consider that citizens have the right to perform justifiable defense only in case of infringement of them whereas the legislation on justifiable defense extends also to cases of protection of interests of state-owned property, public order, life, honor and advantage of other citizens.

Some courts mistakenly recognize that the person which was attacked, having no right to be protected actively if has opportunity to escape, ask for the help citizens, to public agents or to choose any different ways which do not have character of active counteraction to encroaching.

Estimating actions of the citizens reflecting socially dangerous encroachments separate courts do not take into account nature and danger of encroachment, its suddenness, intensity, possibilities of the attack defending on reflection, and proceed only from weight of damage suffered that leads to the wrong condemnation of persons acting in condition of justifiable defense.

Courts not always fulfill requirements of the law on punishment individualization, pronouncing unreasonably deterrent sentences concerning persons found guilty of making of crimes in case of exceeding of limits of justifiable defense without the defendants this about the personality and other facts of the case.

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