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

of April 28, 2000 No. 8

About court practice on cases on illegal acquisition or sale of currency values

Illegal acquisition or sale of currency values encroach on currency monopoly of the Republic of Uzbekistan, they are quite often integrated to plunder, bribery, violation of the customs legislation and other crimes.

Studying of court practice showed that courts provide generally correct hearing of cases of this category. At the same time the mistakes connected with different interpretation of concept of currency values, the wrong qualification of crimes are made.

The requirement of the Law on punishment individualization is not always fulfilled, in some cases the money, values acquired in the criminal way do not address in the income of the state the due attention is not paid to establishment of sources of illegal acquisition of currency values, identification of the reasons and conditions promoting making of crimes.

With respect thereto, and also need of explanation of the questions which arose in court practice on cases on illicit trafficking in currency values the Plenum of the Supreme Court of the Republic of Uzbekistan

DECIDES:

1. By hearing of cases about illegal acquisition or sale of currency values courts shall take all measures provided by the law for comprehensive, complete and objective investigation of circumstances of the committed crime, paying special attention on establishment and accountability of all his participants, identification of sources of illegal acquisition of currency values, channels of their sale and to take necessary measures to elimination of the reasons and conditions promoting crime execution.

2. Draw the attention of courts that the list of currency values is established in the Section the eighth the Special part of the Criminal code of the Republic of Uzbekistan and is not subject to extensive interpretation. Are carried to such values:

foreign currency;

securities in foreign currency - share values (shares, bonds and others);

payment documents in foreign currency (checks, bills of exchange, letters of credit and others);

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