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

of September 15, 2000 No. 21

About court practice on cases on crimes of minors

Courts, considering cases on crimes of minors, generally provide the correct application of the laws.

At the same time, by hearing of cases of this category by courts requirements of regulations criminal and criminal procedure law are not always observed.

The due attention is not always paid to clarification of the reasons and conditions promoting making of crimes the measures provided by the law directed to their elimination are not taken.

In court practice cases of the wrong qualification of the criminal actions, superficial assessment collected in the matter of proofs non-compliance with the principles of individualization of punishment and appointment it without circumstances of the committed crime, age, marital status, the state of health, working capacity, conduct of life of the perpetrator take place.

In the presence of the bases for application of enforcement powers, stipulated in Article 87 Criminal codes, the question of release of minors from responsibility or the imposed penalty is not discussed.

For the purpose of ensuring rule of law, elimination of the available shortcomings, the correct application of regulations of substantive and procedural law by courts the Plenum of the Supreme Court of the Republic of Uzbekistan decides:

1. Pay attention that by hearing of cases about crimes of minors it is necessary to perform steadily the rules of practice provided by the law for this category of persons, based on concepts of justice and humanity, carefully and to research without prejudice collected in the matter of the proof, to give them proper assessment taking into account the identity of the guilty person and degree of public danger of the crime committed by it.

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