Uzbekistan introduces new form of criminal punishment
11/08/2015 14:21
Uzbekistan introduces new form of criminal punishment
11/08/2015 14:21
Tashkent, Uzbekistan (UzDaily.com) -- Uzbekistan introduced new form of criminal punishment – the restriction of freedom.
President of Uzbekistan Islam Karimov signed a law “On introduction of changes and amendments to some legislative acts of Uzbekistan”, which introduced changes to the Criminal Code of Uzbekistan.
Legislative Chamber of Oliy Majlis of Uzbekistan passed the law on 29 July 2015 and the Senate approved it on 6 August 2015. The amendments came into force on 11 August 2015.
According to the article 48-1 of the code, the restriction of the freedom is set by the Court in relation to the convict, which can be a total ban on leaving the home under any pretext or at a certain time of day.
The restriction of the freedom is set from six months to five years and served under supervision of the body, determined by the court. The court sets terms of the restriction of the freedom, conditions of the convict in staying home based on the committed crime and prevention of evasion from execution of the court’s decision.
The court can place additional bans (limitations) to the convict, such as:
- not to visit some places;
- not to participate in mass and other events;
- not to engage in some activities;
- not to own or possess some goods;
- not to drive vehicles;
- not to change place of residence, workplace or education institute, not to travel outside of set administrative territory without permission of the body, which supervises the convict;
- not to contact with some persons;
- not to use communication means, including Internet
- not to use alcohol drinks.
The document said that the court can also set liability to convict along with restricting the freedom such as to compensate material and morale damage, find job or enroll to education institution, or other responsibilities, which will help to correction of the convict.
The amendments said that the court can fully or partially abolish bans (limitations) if the persons, sentenced to the restriction of freedom acknowledged harm of their criminal acts and paid compensations for material and moral damages, as well as follows the path of correction.
The court also can change of punishment if the convict refuses to serve punishment in the form of restriction of freedom or violates responsibilities, set by the court.
The restriction of freedom cannot be assigned to military personnel, foreign citizens and persons, who have no permanent residence in Uzbekistan.
The restriction of freedom can be assigned to under ages as the main punishment for the term from six months to two years.
The period of restriction of freedom is calculated from the day of registration of the convict in the inspection of corrections. Unauthorized absence of the convicted person at the place of residence without a valid reason will not be counted in the period of restriction of freedom.
The convict should adhere to set bans (limitations) by court and arrive to the correction inspection to give oral or written explanation on issues of related with serving punishment.
The electronic surveillance devices can be used to control movement of the convict.
Inspection for execution of punishment gives permission to leave home in set time or visit set places, located in corresponding administrative territory, or visit other administrative territory or change place of the residence. The decision is made in exceptional cases, depending on the nature of bans (limitations), the convict’s personality, his behavior, the presence of supporting documents. The prosecutor authorizes permission to leave the place of residence to the convicted person, who cannot the home, permission to leave administrative territory, as well as permission to change the place of residence.
The inspection for execution of sentences can use disciplinary punishment as warning to the convict, who violated order and conditions of the restriction of freedom.
In case of malicious evasion of the convicted person from serving the penalty in form of the restriction of freedom, and not performing assigned duties by the court, the Inspection for execution of sentences submits notion to the court to replace the unserved term of the restrictions on freedom to another form of punishment.
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