August | 2020
CUTTING- EDGE SCIENCE
of decision-making on criminal reports, the initiation of criminal proceedings, or the
refusal to initiate criminal proceedings.
While controlling the initiation of a criminal case, the prosecutor shall carefully study
the materials of the investigation of criminal reports; not to delay the initiation of
criminal proceedings when the symptoms of the crime are obvious; the investigator shall
verify the decision and materials of the investigator to initiate criminal proceedings, and
in the case of separate investigative actions - immediately upon recei pt of their protocols
and decisions, their validity and sufficiency to make a procedural decision, determine
the circumstances excluding the need to initiation of a criminal case.; determine whether
it was conducted in time and legally .
The prosecutor controls not only the legality of initiation of a criminal case, but also
the legal refusal to this process. There is a practice in law enforcement agencies that a copy
of the decision to refuse the initiation of a criminal case is sent to the prosecutor for
notification. This, in turn, is an important means of preventing the concealment of
crimes by the decision to refuse to prosecute .
A group of experts states that the fact that the criminal procedure legislation does not
set a clear procedural deadline for sending a message on the subject of investigation
creates some problems in law enforcement practice. In particular, appeals to state
bodies, organizations or their officials, which are not within the scope of its competence
to resolve the issues rose in Article 25 of the Law of the Republic of Uzbekistan "On
appeals of individuals and legal entities", are sent to relevant bodies, other organizations
and officials no later than five days. The applicant shall be notified in writing or
electronically. However, Article 1 of this Law specifies that the application of the law,
the order of consideration does not apply to appeals established by the legislation on
administrative liability, civil procedure, criminal procedure, criminal executive, economic
procedure and other laws .
Article 335 of the Criminal Procedure Code specifies the procedure for submitting a
report (report) on a crime, depending on its jurisdiction, to send a statement (report) on
a crime outside the district (city) and to resolve the issue of instituting criminal proceedings.
The investigation is allowed only in cases when it is necessary to conduct an investigation
in the district (city) where the crime was committed .
The lack of a clear definition in the criminal procedural legislation of the issue of
transferring a statement and report of a crime from one body to another or between
separate units of one body leads to an unreasonable delay in the timely consideration of
applications and messages and a legal response.
In addition, another investigating body, when accepting the application accordingly,
observes the deadline within ten days in accordance with the requirements of the CCP.
Based on the above, it is proposed to supplement Article 335 of the Criminal Procedure
Code ("Sending a statement (communication) about a crime depending on its significance
for the investigation") with the second part: "Investigation, inquest before investigation
of a statement (communication) about a crime is not within its competence. or the
application (notification) received by the preliminary investigation body must be sent
within one day, since it belongs to the investigation."
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