of September 11, 1998 No. 20
About court practice on cases on bringing to suicide
Courts, generally correctly apply the legislation on cases on bringing persons to suicide. At the same time not always the reasons and conditions promoting making of these crimes are deeply and comprehensively opened, the facts of bringing to suicide not always become property of the public. Therefore due measures to the prevention of crimes are not taken.
In court practice the facts of the wrong qualification of actions of guilty persons, superficial assessment of proofs are allowed.
For the purpose of non-admission of similar violations, the correct application on each specific case of material and procedural rules of the legislation the Plenum of the Supreme Court of the Republic of Uzbekistan decides:
1. Draw the attention of courts that by consideration of each specific criminal case about bringing to suicide and inducement to suicide it is necessary to observe the requirement of the law on comprehensive, complete investigation of all circumstances of the committed crime.
2. Explain to courts what suicide or attempt at it which was result of actions, legal on content and form cannot attract for person who made these actions, responsibility according to Art. 103 of UK.
At the same time isolated insignificant cases of insult, humiliation of personal advantage do not form the actus reus provided Art. 103 of UK requiring systematicity (not momentariness) of these actions and responsibility in such cases comes for actually committed actions under the relevant articles of the Criminal code providing responsibility for crimes against the personality.
3. It is necessary to understand cases of the rough and ruthless attitude towards the victim which inflicts on it physical or mental suffering as ill treatment (for example, systematic drawing beating, deprivation of food, water, etc.).
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