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

According to Article 65 of the Constitution of the Republic of Uzbekistan the basis of the economy of the country is constituted by property in its different forms. The property is inviolable and is protected by the state, and any infringement of it is recognized illegal.

Studying of court practice showed that courts, generally correctly apply the legislation on cases on plunders of alien property by theft, robbery and robbery. At the same time, in their practical activities there are separate mistakes, shortcomings. On number of problems there is no unity of understanding of requirements of the law.

For the purpose of elimination of the available shortcomings, and also the correct and exact application of the legislation by courts for this category, based on article 17 of the Law "About Courts" Plenum of the Supreme Court decides:

1. Secret plunder of alien property is theft if it is made as in absence of the victim or other persons, and at their presence, but is imperceptible for them. If the victim or strangers saw that there is withdrawal of property, however the guilty person, proceeding from surrounding situation, considered that he acts imperceptibly, the deeds also should be qualified as theft.

2. The actions begun as secret plunder of alien property, but then found by the victim or other persons and, despite it, continued by the guilty person for the purpose of occupancy by property or its deduction using it of violence, not life-threatening or health, or with threat of application of such violence, shall be qualified as robbery, and in case of attack using violence, life-threatening or health, or with threat of application of such violence as robbery.

Violent acts, committed cannot be considered by the guilty person after the end of secret plunder of alien property for the purpose of avoidance of detention as robbery or robbery. Depending on nature of violence and the come effects, the deeds should be qualified as theft, in the presence of signs of other crimes on set with them.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info