Lessons 25 · 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
25
Participants in criminal proceedings
Textbook: pp. 132–135
GoalSort the participants in criminal proceedings into groups, explain their roles and rights, and know the grounds for recusal.
New words
the inquirer and the investigator who carry out inquiry and preliminary investigation · Surishtiruvchi va tergovchithe defender (advocate) who protects the rights of a suspect or accused · Himoyachithe victim: a person harmed by a crime · Jabrlanuvchirecusal: removal of a judge or official from a case because of possible bias · Rad etish
Explanation
Participants in criminal proceedings fall into several groups. Bodies and persons conducting the proceedings: the inquirer, the investigator, the prosecutor, the judge and the court clerk. Persons defending their own interests: the suspect, the accused, the defendant, their defender, the victim, the civil plaintiff, the civil defendant and their legal representatives. Other participants: the witness, expert, specialist, interpreter and attesting witnesses. The prosecutor supports the charge on behalf of the state, while the defender protects the accused’s rights, which ensures an adversarial contest between the sides. In a case against a minor the defender’s participation is mandatory. If a judge or investigator is interested in the outcome, is related to a participant, or there are circumstances that raise doubt about impartiality, he cannot take part and must be recused. A judge who heard a case at one instance, as a rule, cannot take part in hearing the same case at another instance.
Worked examples
In a theft case at a market stall, Mirzo, who saw what happened, is called as a witness. He tells what he saw, an interpreter is provided if needed, but he is not the accused and is not prosecuted. A witness is obliged to tell the truth and may be liable for making something up.
It turned out that the judge is the accused’s uncle. The relationship raises doubt about impartiality, so the judge cannot take part and another judge is appointed in his place.
Class activity
Participants map: write each participant’s role on a card and place it in the groups “conducts”, “defends” or “other”; then explain whose interest opposes whose.
Practice
1
State three groups of participants in criminal proceedings.
Those conducting the case; those defending their interests; other participants (witness, expert, interpreter and so on).
2
How do the roles of the prosecutor and the defender differ?
The prosecutor supports the charge on behalf of the state; the defender protects the accused’s rights.
3
In which cases can a judge not take part? Name two cases.
If he has an interest in the case or is related to a participant; if other circumstances raise doubt about his impartiality.
4
Why is a defender’s participation mandatory in a case against a minor?
Because a minor has little legal experience and needs extra protection.