☰ Contents · State and law

Criminal procedure legislation

Lessons 24 · 1 lessons · N. Ismatova, O. Karimova. Foundations of State and Law: textbook for Grade 11 of general secondary schools and for secondary specialised and vocational institutions. 1st edition. “Yangiyul Poligraph Service”, Tashkent, 2018
24

Criminal procedure legislation

Textbook: pp. 127–131
GoalExplain the tasks and main principles of criminal procedure and the presumption of innocence, and tell the procedural laws apart.
New words
the legally regulated activity of bodies and participants in handling criminal cases · Jinoyat protsessithe presumption of innocence: a person is innocent until guilt is proved · Aybsizlik prezumpsiyasithe right of a suspect or accused to defend himself and to have a defender · Himoya huquqithe branch of law setting the procedure for examining cases · Protsessual huquq
Explanation

Criminal procedure is the activity of uncovering, investigating and trying criminal cases in the manner set by law, together with the legal relations connected with it. Its tasks are to uncover crimes quickly and fully, to ensure a just punishment for the guilty, and to guarantee that an innocent person is not prosecuted or convicted. Among the main principles of the Constitution and procedural laws are legality, equality before the law and the court, the independence of the court, adversarial proceedings between the sides, openness of the court hearing and respect for human rights. By the presumption of innocence, a person is considered innocent until guilt is established by a court verdict that has entered into legal force; he need not prove his innocence, and doubts that cannot be removed are resolved in his favour. The Constitution also forbids torture and cruel treatment and provides that arrest may be made only by a court decision. Criminal cases are handled under the Criminal Procedure Code, while civil, economic and administrative proceedings are governed by their own codes.

Worked examples
A man is suspected of theft and is called “guilty” in the media, but no court verdict exists yet. By the presumption of innocence he is considered innocent until a verdict enters into legal force, so declaring him guilty in advance contradicts the principle.
An accused person pointed out that two pieces of evidence contradict each other and the court could not resolve it. By the rule of the presumption of innocence, such an unresolved doubt is interpreted in his favour.
Class activity

Mock trial (study only): the class assigns the roles of prosecutor, defender and judge in an invented minor case and applies the presumption of innocence; no real persons or situations are used.

Practice
1
State three tasks of criminal procedure.
2
What does the presumption of innocence mean?
3
By whose decision may an arrest be made and why is this important?
4
Why is criminal procedure strictly regulated by law?