The deadline for filing appeals against a sentence has been reduced
Tashkent, Uzbekistan (UzDaily.com) – President of Uzbekistan Shavkat Mirziyoyev signed a law to introduce amendments and additions to the Criminal Procedure Code.
Accordingly, the Code was supplemented with the following chapters:
General conditions for checking the legality, validity and fairness of sentences, rulings, decisions (Chapter 55);
Filing a complaint (protest) against a sentence, a court ruling in a revision procedure (Chapter 562).
The legality, validity and fairness of sentences, rulings, and court decisions can be verified through the appellate, cassation and audit procedures.
The prosecutor participates in the consideration of a criminal case in the appeal, cassation, and audit procedures.
When considering a criminal case in an appeal, cassation, or audit procedure, the court is not limited to the arguments of the complaint or protest and verifies the case in full in relation to all convicted persons, including those who did not file a corresponding complaint, or against whom a complaint (protest) was not filed.
The convicted person, his defense attorney, legal representative, the victim, his representative have the right to file a complaint in the audit procedure against sentences, rulings of the court of first instance, considered in the appeal or cassation, the corresponding audit procedure, as well as against sentences, rulings of the courts of appeal or cassation, the corresponding audit instance .
Review by revision of a conviction or court ruling, if the complaint or protest raises the question of the need to apply the law on a more serious crime, increased punishment or other changes that entail a worsening of the situation of the convicted person, as well as revision by revision of an acquittal or court ruling termination of the case is allowed only within a year after it comes into force.
The court that passed the sentence notifies the relevant persons within three days about sending the criminal case to the court of the auditing instance.
The law also reduced the time limit for filing appeals (protests) against a sentence from 20 to 10 days.
Also, a procedure has been established for filing a private complaint and bringing a private protest against a ruling on resolving issues that arose during the execution of a sentence, ruling and court order.
The law comes into force on 1 January 2024.