98. Over the last five years, the republic has noted trends indicating a decrease in the total number of premeditated murders: if 963 and 962 murders were recorded in 2003 and 2004, respectively, a total of 910 were recorded in 2005. A total of 891 were recorded in 2006, which is 5.4% fewer than in 2005; a total of 815 were recorded in 2007, which is 5.3% fewer than in 2006.
99. Article 15 of the Criminal Code of the Republic of Uzbekistan classifies crimes according to their nature and the extent of their danger to society, namely: especially serious crimes, serious crimes, less serious crimes, and crimes that pose no great danger to society
100. Crimes that pose no great danger to society are premeditated crimes punishable under the law by imprisonment for no more than three years, as well as criminal negligence, punishable under the law by imprisonment for no more than five years.
101. Crimes categorized as less serious are premeditated crimes punishable under the law by imprisonment for three to five years, as well as criminal negligence, punishable under the law imprisonment for upwards of five years.
102. Serious crimes are premeditated crimes punishable under the law by imprisonment for five to 10 years.
103. Especially serious crimes are premeditated crimes punishable under the law by imprisonment for upwards of 10 years or life imprisonment.
Number of recorded crimes, broken down by extent of danger to society, sex and age23
Recorded crimes, total
Not posing a great danger to society
Individuals identified as having committed a crime
Maximum and average periods of pre-trial detention 104. In the course of judicial and legal reform, the period for pre-trial investigation in criminal cases were shortened to one year from two, and the period for remand of the accused in custody, to nine months from 1.5 years, and to one year in special cases; the sphere of application of that measure of restraint was also limited.
105. In addition, for purposes of effectively safeguarding the Constitutional rights and freedoms of the individual to inviolability of person, to protection against unjustified criminal prosecution and to a fair trial, in the republic, beginning on 1 January 2008, the authority to order remand in custody was transferred to the courts, in connection with which the law No. ZRU-100 of 11 July 2007 made the appropriate amendments to the Criminal Procedure Code articles governing the periods of detention and the rules for extending them. At present, pursuant to the requirements of Article 245 of the Criminal Procedure Code:
106. “The period of remand in custody during the investigation of crimes shall be no more than three months.
107. The possibility of extending the three-month remand-in-custody period established by the rules of the law shall be examined by the court if it is petitioned to do so:
to five months, on application by the public procurator for the Republic of Karakalpakstan or the regional or city of Tashkent public procurator or public procurators of equivalent rank;
to nine months, on application by the Procurator-General of the Republic of Uzbekistan;
to one year, on application by the Procurator-General of the Republic of Uzbekistan in instances involving the investigation of particularly complex cases against individuals accused of serious or especially serious crimes. No further extension of the period shall be allowed. In reviewing those applications, the court shall take into account the soundness of the evidence submitted, as well as observance of procedural rules and requirements”.
108. Article 247 of the Criminal Procedure Code sets forth the rules for extending the period of remand in custody.
109. At least six days before the expiry of the established period of remand of the accused in custody, the proper public procurator shall issue an order to apply for an extension of the period of remand in custody, which is sent to the court. The order to apply for an extension must include the reasons for the protracted investigation, the facts and circumstances that are to be verified and the additionally requested period.
110. The application to extend the period of remand in custody shall be examined by an individual judge of a district (city) criminal court or an area or territorial military court in the place where the offence was committed or where the pretrial investigation was conducted or, in the absence of a judge from those courts or under circumstances that prevent the judge from participating in the examination of the case file submitted for the extension, the application shall be considered by a judge of an equivalent court under the direction of the chairman of the Supreme Court of the Republic of Karakalpakstan for Criminal Matters, an area or Tashkent city criminal court, or the Military Court of the Republic of Uzbekistan.
111. The application for an extension of the period of remand in custody shall be examined in closed court session within 72 hours after receipt of the case file.
112. The application for an extension of the period of remand in custody shall be examined with the participation of the public procurator and the accused, as well as the defense counsel if a defense counsel is participating in the case. If necessary, the investigator may be called to court.
113. The application for an extension of the period of remand in custody may be examined by the court without the participation of the accused if the accused is in a medical institution for an in-patient forensic psychiatric expert examination. In that case, the participation of the defense counsel shall be mandatory.
114. The judge, after examining the application for an extension of the period of remand in custody, shall issue one of the following rulings:
to deny the extension of the period of remand in custody.
115. The judge’s ruling to extend the period of remand in custody or to deny the extension shall enter into force when it is announced and shall be subject to immediate enforcement. The judge’s ruling shall be sent to the public procurator for enforcement and to the accused and the defense counsel for information purposes. The judge’s decision may be appealed or protested in an appeal that conforms to the rules of Part Two of Article 241 of the Criminal Procedure Code within 72 hours.
116. The appeals court, after examining the appeal petition or protest, shall be entitled to issue its own ruling:
uphold the judge’s ruling, and dismiss the appeal or protest;
set aside the judge’s ruling and either deny the extension of the period of remand in custody or extend the period. If the period of remand in custody is extended for an accused who was released from custody when the period expired, the court must apply the restraining measure of remand in custody for that person.
Number of deaths during the period of remand in custody 117. In 2005-2007, three arrested persons committed suicide by hanging themselves while in temporary detention facilities.
118. Ten inmates died in correctional facilities in 2005, whereas 15 died in 2006 and 10 died in 2007. In 29 of the cases, death came from tuberculosis, gastrointestinal illnesses, or cardiovascular pathology; in the other six, from suicide or accidents.
Number of internal affairs personnel per 100,000 population. 119. The number of internal affairs officers employed to fight crime and maintain public order per 100,000 population is 111.
Total for material losses recovered in court by individuals who suffered them as a result of the commission of a criminal offence24