O‘ZBEKISTON RESPUBLIKASI ICHKI ISHLAR VAZIRLIGI
A K A D E M I Y A
X. B. SAMIGOVA
A. M. KURGANOV
ENGLISH
(for law students)
Darslik
“Tergov faoliyati” mutaxassisligi uchun
TOSHKENT – 2020
2
UO‘K 811.111:343.125(075)(575.1)
O‘zbekiston Respublikasi Oliy va o‘rta maxsus ta’lim vazirligining
2020 yil “30” iyundagi “359”-sonli buyrug‘iga asosan tavsiya etilgan.
T a q r i z c h i l a r :
filologiya fanlari doktori (DSc)
О.S.Ahmedov
;
yuridik fanlari doktori, dotsent
А.А. Мatchanov
S-19
Samigova X.B.
English
:
Darslik
(“Tergov faoliyati” mutaxassisligi
uchun) / X.B.Samigova, A.M.Kurganov – T.: O‘zbekiston
Respublikasi IIV Akademiyasi, 2020. – 128 bet.
Ushbu darslik O‘zbekiston Respublikasi Ichki ishlar vazirligi Akademiyasi kursant va
tinglovchilari uchun mo‘ljallangan bo‘lib, darslikda berilgan matnlar bo‘lg‘usi kasb
egalariga ingliz tilini tergov faoliyati mutaxassisligi doirasida puxta egallashlariga
yaqindan yordam beradi va og‘zaki muloqot qilish ko‘nikmalarini rivojlantirishga xizmat
qiladi.
Darslikdan O‘zbekiston Respublikasi Ichki ishlar vazirligi o‘quv yurtlari kursant va
tinglovchilari, huquqni muhofaza qilish organlarining xodimlari va barcha ingliz tiliga
qiziquvchilar foydalanishlari mumkin.
UO‘K 811.111:343.125(075)(575.1)
© O‘zbekiston Respublikasi IIV Akademiyasi, 2020
3
SO‘Z BOSHI
Mamlakatimizda so‘nggi yillarda ta’lim sohasini yanada rivojlantirish
va yangi bosqichga olib chiqish borasida ko‘plab ijobiy ishlar amalga
oshirildi. Jumladan, chet tillarni o‘rganish va o‘qitishning kompleks
tizimini shakllantirish maqsadida Yurtboshimiz tomonidan
2012-yil 10-dekabrda qabul qilingan “Chet tillarni o‘rganish tizimini
yanada takomillashtirish chora-tadbirlari to‘g‘risida”gi PQ-1875-sonli
qarori e'lon qilindi. Ushbu Qarordan kelib chiqib zamonaviy pedagogik va
axborot-kommunikatsiya texnologiyalaridan foydalangan holda o‘qitish-
ning ilg‘or uslublarini joriy etish yo‘li bilan, o‘sib kelayotgan yosh avlodni
chet tillarga o‘qitish, shu tillarda erkin so‘zlasha oladigan mutaxassislarni
tayyorlash tizimini tubdan takomillashtirish hamda buning negizida
ularning jahon sivilizatsiyasi yutuqlari hamda dunyo axborot resurslaridan
keng ko‘lamda foydalanishlari, xalqaro hamkorlik va muloqotni
rivojlantirishlari uchun shart-sharoit va imkoniyatlar yaratish bugungi
kunning eng dolzarb masalalaridan biriga aylandi.
Belgilangan dolzarb masalalar orasida rivojlangan xorijiy mam-
lakatlar tajribasini o‘rganish va ulardan bizning sharoitga mos keladigan
ijobiy jihatlarini o‘zlashtirish zaruriyati alohida ahamiyat kasb etadi.
Shuni e’tiborga olgan holda huquqshunoslarning xorijiy tillarni kasb
talabi darajasida egallashlari zaruriyati kelib chiqqanligini e’tiborga olib
ushbu “English” nomli darslik tayyorlandi va keng kitobxonlar ommasiga
taqdim qilinmoqda.
Ushbu darslik turli mazmundagi detektiv matnlarni o‘z ichiga olgan
bo‘lib, O‘zbekiston Respublikasi IIVga qarashli Oliy ta’lim muassa-
salarida ta’lim olayotgan tinglovchi va kursantlar uchun mo‘ljallangan.
Ushbu nashrning maqsadi bo‘lg‘usi huquqshunoslarga turli interfaol
mashqlarni bajarish orqali matnlarning mazmun mohiyatini tezroq
o‘zlashtirib olish hamda og‘zaki nutqni rivojlantirishga yaqindan yordam
berishdan iboratdir.
Mazkur darslik ilk marotaba tayyorlanganligi bois unda muayyan
kamchiliklar uchrashi tabiiy. Shu bois muallif ushbu darslik yuzasidan
bildirilgan tanqidiy fikr-mulohazalar va takliflarni mamnuniyat bilan qabul
qiladi va kelgusi ishlarida ulardan foydalanadi.
4
UNIT 1
Part 1
Reading
Observation of crime scene
Proper
procedure
in
obser-
vation
and examination is essential
to good crime scene investigation.
To bring a criminal action the
investigator must develop and
follow a definite way of doing his
job. The first step in a procedure is
to observe the
general appearance
of the situation noting everything
at the scene. The investigator's
observation must contain the answers with specific details to the five
questions: Who? What? When? Where? How?
Only through careful observation definite traces of criminal act will be
found. The traces will show the manner in which the crime was
committed, the movements of the criminal, the criminal and other actors in
the crime. Much attention must be paid to details. The details are of great
importance for the investigation.
Observing and noting the objects of the crime scene the police officer
must not suppose that they were there before the crime was committed.
Objects are frequently moved in the commission of a crime, especially in
crimes of violence.
Are two chairs drawn together? Are there object marks on the floor?
Have smaller objects on tables, bookcases and shelves been moved? Did
the criminal move the pictures from their positions? Are the doors and
windows locked or opened? Open to what degree? Have marks or
stain
s
been made
recently
on any objects? Are there any signs of blood or other
materials? Was the criminal alone or in a company with another? Do they
always work together? Are there cigarette
stub
s or
ash
es? Does the
criminal smoke cigars or cigarettes? Did he leave burnt matches at the
scene? What instruments does he usually use? Is there anything that was
not noticed during the observation? The investigator must answer these
and many more questions. They are answered through careful observation.
An investigator must develop the
habit
s of
constantly
observing the
actions and
conduct
of people and physical signs left by them.
5
During an observation nothing should be moved until absolutely
necessary, and only after its position has been recorded in notes, on a
sketch and photographically. Protect suspect’s
spot
s and finger and
footprints from possible injury. Do not forget to note negative facts:
absence of a weapon; absence of blood when blood is expected; absence of
fingerprints, where it is natural to find them. After completing the
preliminary observation,
minute
and detailed examination of individual
objects is made.
Glossary
proper -
of the required or correct type or form; suitable or appropriate;
procedure -
a series of actions conducted in a certain order or manner;
observation -
the action or process of closely observing or monitoring
something or someone;
stain -
a colored patch or dirty mark that is difficult to remove
recently –
lately;
stub -
the truncated remnant of a pencil, cigarette, or similarshaped object
after use;
ash -
the powdery residue left after the burning of a substance;
habit -
a settled or regular tendency or practice, especially one that is hard
to give up;
constantly-
continually, always;
conduct (of people) -
the manner in which a person behaves, especially in
a particular place or situation;
spot -
a small mark or stain;
minute -
a summarized record of proceedings;
develop
-grow or cause to grow and become more mature, advanced, or
elaborate;
definite -
having exact and discernible physical limits or form;
appearance -
the way that someone or something looks;
general -
considering or including only the main features or elements of
something; not exact or detailed;
note -
notice or pay particular attention to (something);
specific -
clearly defined or identified;
detail -
an individual fact or item;
manner -
a way in which a thing is done or happens;
suppose -
think or assume that something is true or probable but lack
proof or certain knowledge;
6
frequently –
often;
violence
- behavior involving physical force intended to hurt, damage, or
kill someone or something;
Practice
Task 1. Match each word on the left with the appropriate
synonym on the right.
1.
Specific
2.
Preliminary
3.
Frequently
4.
Minute
5.
Conduct
6.
Recently
7.
Suppose
a)
often
b)
lately
c)
behaviour
d)
record
e)
particular
f)
prior
g)
imagine
Task 2.
Give the English for:
1.
Joydagi hamma narsaga diqqatni qaratgan holda.
2.
Aniq tafsilotlari bilan.
3.
Jinoiy harakatning muayyan izlari.
4.
Jinoyatning sodir etilish tarzini ko‘rsatadigan izlar.
5.
Jinoyat sodir etilishidan oldin.
6.
Ko‘zdan kechirish jarayonida e’tibor berilmagan narsalar.
7.
Shu va ko‘pgina boshqa savollar.
8.
Muntazam kuzatib yurish odati.
9.
Izlarni shikastlanishdan saqlamoq.
Task 3.
Translate the family words. Consult the dictionary, if
necessary.
1.
To observe – observing – observation.
2.
To examine – examining – examination.
3.
Situated – situation.
4.
To appear – appearance.
5.
Important – importance.
6.
Commit – committed – commission.
7.
Care – careful.
8.
Especial – especially.
9.
Nature – natural – naturally.
10.
Constant – constantly.
7
11.
To lock – locked – unlocked.
Task 4.
Make up word combinations. Use them in sentences of
your own.
1. General
appearance
opinion
headquarters
2. Preliminary
observation
results discussion
3. To draw
chair
table
husband
Speaking
Task 5. Answer the following questions.
1.
What is essential to good crime scene investigation?
2.
What must the investigator do before bringing a criminal
action?
3.
What is the fist step in a procedure?
4.
How will definite traces of criminal act be found and what will
they show?
5.
Why mustn’t the police officer suppose that the objects of the
crime scene were there before the commission of a crime?
6.
Why must the investigator develop the habit of constantly
observing actions and conduct of people?
7.
Can anything on the scene be moved from its position during an
observation?
8.
What kind of facts mustn’t an investigator forget to note?
9.
What is made after the preliminary observation of crime scene?
Task 6. Agree or disagree with the following statements.
1.
Only through careful observation definite traces of criminal act
will be found.
2.
Observing and noting the objects of the crime scene the police
officer may imagine that they were there before the crime was committed.
3.
Objects are frequently moved in the commission of a crime,
especially in crimes of violence.
8
Task 7. Comment on the following statements.
1.
The investigator's observation must contain the answers to the
five questions: Who? What? When? Where? How?
2.
An investigator must develop the habits of constantly observing
the actions and conduct of people and physical signs left by them.
Homework
Speaking
Discussion Questions
1.
What physical evidence would have been helpful in
determining who committed the crime? What kinds of analysis could you
do on the other pieces of evidence? (Measure a footprint to find out shoe
size; analyze the tread to determine the type of shoe; compare handwriting
samples; analyze other fibers.)
2.
What if you were called in to collect evidence from the scene of
an art theft? How would you go about collecting evidence? What would
you do with your findings? What analyses would you perform on each
piece of evidence? What precautions would you need to take to make sure
your evidence was authentic?
3.
How important is technology to detectives? Can detectives do
an effective job using the same tools you used, or must they use more
sophisticated tools? Give reasons to support your ideas.
Part 2
CRIMINAL PROCEDURE CODE OF THE REPUBLIC OF
UZBEKISTAN CRIMINAL PROCEDURE LAW
Reading
Task 1.
Read the articles 1, 2, 3 and using a dictionary identify the
meaning of the underlined words.
Article
1
. Procedure for Criminal Proceedings
Procedure
for criminal proceedings in the territory of the Republic of
Uzbekistan shall be established by the
Criminal Procedure Code
.
The procedure for criminal proceedings established by this Code shall
be binding upon courts,
prosecution
,
investigation
and
inquiry agencies
,
and bar as well as upon other persons.
9
Article 2. Objectives of Criminal Procedure Law
The objectives of the criminal procedure law shall be
speedy
and
complete crime detection, finding of
guilty persons
, and securing proper
law enforcement in order to impose a person, who
committed a crime
, to
a fair punishment
, and to secure an innocent person from being brought
to responsibility and convicted.
The procedure for
criminal proceedings
established by the criminal
procedure law shall promote
enhancement
of the rule of law, crime
prevention,
protection
of the interests of individual, state and society.
Article 3. Application of Criminal Procedure Law in Time and
Space
Criminal proceedings shall be conducted in accordance with the law
in effect at the moment of the inquiry,
pre-trial investigation
and trial,
regardless of the place of the
commission of an offense
, unless otherwise
stipulated
by an international treaty to which the Republic of Uzbekistan
is a party.
Reading and Speaking
Task 2. Read the articles and answer the following questions:
1)
What do the articles 4 say about?
2)
How can you translate the phrases
violating,
international
treaties,
respective agencies enjoying immunity,
on requests of the
extradition,
prosecutors, and investigators
into your mother language?
3)
Can you retell the jist of article 5 perephrasing it?
Article 4. Application of Criminal Procedure Law to Foreign
Nationals and Stateless Persons
Proceedings on crimes committed by foreign nationals or stateless
persons on the territory of the Republic of Uzbekistan shall be conducted
in accordance with this Code.
With regard to persons enjoying immunity, this Code shall be applied
to the extent not violating international treaties to which the Republic of
Uzbekistan is a party.
Article 5. Procedure of Communication of Courts,
Prosecutors, Investigators with Respective Foreign Agencies
10
Communication of courts, prosecutors, and investigators with the
respective agencies of foreign States on requests of the extradition or other
criminal procedures shall be conducted in accordance with the law of the
Republic of Uzbekistan, and the treaties and agreements between the
Republic of Uzbekistan and other States.
Homework
CRIMINAL CODE OF THE REPUBLIC OF UZBEKISTAN
Read the following articles, translate them into mother tongue,
identify the defenition of the new underlined words and learn them,
retell the meaning.
Article 1. Criminal Legislation of the Republic of Uzbekistan
Criminal Legislation
of the Republic of Uzbekistan shall be
grounded
on the Constitution and universally recognized principles of
international law and shall consist of this Code.
Article 2. Objectives of Criminal Code
The Criminal Code shall be aimed at
protection
of a person, his rights
and freedoms, public and state interests, property, natural environment,
peace and security of humankind from criminal
offenses
and prevention
thereof, as well as at fostering individuals in the spirit of obedience to the
Constitution and laws of Uzbekistan.
For these
purposes,
the Code shall determine grounds and principles
of liability, socially dangerous acts to be recognized as crimes, as well as
establish
penalties
and other measures of
legal influence
that may be
applied to persons, who committed socially
dangerous acts
.
Article 3. Principles of Code
The Criminal Code shall be grounded on the principles of lawfulness,
equality before the law,
democratic participation,
humanity, justice,
liability for established guilt and
inevitability
therefor.
Article 4. Principle of Lawfulness
Criminality, punishability of the act and other legal
consequences
of
its
commission
shall be determined by the Criminal Code only.
11
No one may be recognized
guilty
in commission of a crime other than
by a sentence of the court and in accordance with the law. A person, who
committed a crime, shall enjoy rights and bear responsibilities established
by law.
Article 5. Principle of Equality before Law
Persons, who committed crimes, shall have equal rights and
responsibilities without
distinction
of sex, race, ethnic origin, language,
religion, social background, belief, personal and social position.
12
UNIT 2
Reading
Interrogation (some principles of interrogation)
There is not one method of
interrogation.
Every good inves-
tigator
acquires
a technique of
interrogation which best
suits
his
temperament
and his talents. Many
good investigators do not recognize
some general rules because they have
their own methods which they find
successful.
The subject of interrogation is any person who has information about
the details, circumstances, or individuals in a case or who may have such
information.
Interrogation depends upon too many factors that cannot be
controlled. The subject in an interrogation may be the victim, the
complainant,
witnesses, suspects,
accused
or criminals. Sometimes in
order to conduct the interrogation the investigator must go out to a crime
scene not one time, because a witness or a suspect is nervous and does not
tell the truth. Sometimes these persons may be
cooperative
or
uncooperative,
willing
or unwilling. The reasons for their reactions will be
innumerable.
Therefore, all information, no matter from what group
obtained,
must be
verified.
Part of the problem of interrogation is the place at which the
interrogation takes place. The place for interrogation of the subject should
be chosen carefully. If an interrogation takes place in the investigator's
office, he does not
radically
rearrange
his room, but some unnecessary
things should be taken away. The subject should be seated so as to face a
light source. The investigator should seat with his back to the light source.
Be sure that all
interruptions
will be
eliminated.
The
attitude
of the investigator toward the subject of the interrogation
may be the key to the solution of a case.
The investigator must
recognize
that the subject may have
information without which the case cannot be solved. But it may so
13
happen that the subject does not want to talk. Therefore it is useful to
remember some principles of interrogation.
During the interrogation an investigator should observe the following
principles:
Don't show your
prejudices.
The subject will react to them even
though you think you have them under control.
Be a good actor; play the part.
Don't be
patronizing.
Nodiv likes it.
Don't degrade yourself in act or word.
Retain a pleasant mood.
Don't let your
reactions
to answers betray your feelings.
Control your temper. If the subject understands your mood he is
getting the upper hand. The investigator should never show anger,
hesitation or other emotions, if it is not a part of plan.
Don't try to dominate. Most people do not like when they are being
pushed.
Be serious where seriousness is proper. Don't be in a hurry with the
conclusions.
Glossary
interrogation -
the action of
interrogating or the process of
being interrogated;
acquire -
learn or develop (a skill,
habit, or quality);
suit -
be convenient for or
acceptable to;
temperament -
a person's nature,
especially as it permanently
affects their behavior;
recognize
-
show
official
appreciation
of;
regard
(something) proper;
successful -
accomplishing a
desired aim or result;
circumstance
-
a
fact
or
condition connected with or
relevant to an event or action;
complainant -
plaintiff in certain
lawsuits;
accused (the accused)
-a person
or group of people who are
charged with or on trial for a
crime;
cooperative -
involving mutual
assistance in working towards a
common goal; willing to be of
assistance;
willing -
ready, eager, or prepared
to do something;
innumerable -
too many to be
counted;
14
obtain -
get, acquire, or secure
(something);
verify -
make sure or demonstrate
that (something) is true, accurate,
or justified;
radically
-
fundamentally,
completely;
rearrange -
change the position
of;
interruption -
hindrance; the
action of interrupting or being
interrupted;
eliminate -
completely remove or
get rid of (something);
attitude -
a settled way of
thinking
or
feeling
about
someone or something, typically
one that is reflected in a person's
behavior;
prejudice -
preconceived opinion
that is not based on reason or
actual experience;
patronizing -
treating with an
apparent kindness which betrays a
feeling of superiority;
react -
act in response to
something; respond in a particular
way;
even though -
despite the fact
that;
degrade
-
treat
or
regard
(someone) with contempt or
disrespect;
retain -
keep possession of;
betray
- be disloyal to reveal the
presence of; be evidence of;
hesitation -
the action
of
pausing
or
hesitating
before
saying or doing something;
dominate -
have power and
influence over;
have
a
commanding position over;
push
exert force on (someone or
something) in order to move them
away from oneself; 2. compel or
urge (someone) to do something;
Practice
Task 1. Match each word and expression on the left with the
appropriate synonym on the right.
1.
To acquire
a) a great deal
2.
Interrogation
b) to rearrange
3.
Innumerable
c) to get
4.
To eliminate
d) to check
5.
To suit
e) questioning
6.
To verify f) to remove
7.
To alter g) to serve
15
Task 2.
Find English equivalents of the following Uzbek
expressions in the text:
1.
O‘z qobiliyatiga mos keladigan so‘roq texnikasini egallamoq.
2.
Umumiy qoidalar.
3.
Ishning tafsilotlari, shart-sharoitlari.
4.
Nazorat qilib bo‘lmaydigan.
5.
Bu shaxslar ba’zan hamkorlik qilishlari yoki qilmasliklari
mumkin.
6.
Qaysi guruhdan olinishidan qat’iy nazar.
7.
Yorug‘lik manbaiga qarab (yuzini qaratib).
Task 3. Translate the family words. Consult the dictionary, if
necessary.
1.
To interrogate – interrogator – interrogation.
2.
To inform – information.
3.
To interrupt – interruption.
4.
To solve – solution.
5.
To cooperate – cooperative – uncooperative.
6.
Willing – unwilling.
7.
Necessary – unnecessary.
8.
Care – careful – carefully.
9.
Success – successful – successfully.
10.
To arrange – rearrange.
11.
To use – useful.
12.
Tact – tactful.
13.
Numerable – innumerable.
Speaking
Task 4. Answer the following questions:
1.
What is interrogation?
2.
What is the object of interrogation?
3.
Who may be the subject in an interrogation?
4.
What are the features of a good investigator?
5.
What factors does the interrogation depend upon?
6.
Should the investigator show his prejudices, hesitation or other
emotions?
7.
What mood should the investigator retain during the
interrogation?
16
8.
When may the subject of interrogation get the upper hand?
9.
Must the investigator dominate during the interrogation?
Practice
Task 5. Insert the proper words.
1.
The subject of interrogation is any person who has information
about the …, or … in a case or who may have such information.
2.
Sometimes in order to conduct the interrogation the … must go
out to a crime scene not one time, because a … or a … is nervous and does
not tell the truth.
3.
Part of the problem of interrogation is the … at which the
interrogation takes place.
4.
The place for interrogation of the subject should be chosen ….
5.
The … of the investigator toward the subject of the
interrogation may be the … to the solution of a case.
Task 6.
Make up word combinations. Use them in sentences of
your own.
a technique
1.
To acquire
2. To verify
friends
information
suspicions
3. To degrade
a man
himself
Speaking
Task 7. Comment on the following statements.
1.
Sometimes in order to conduct the interrogation the investigator
must go out to a crime scene not one time.
2.
Part of the problem of interrogation is the place at which the
interrogation takes place.
3.
Many good investigators do not recognize some general rules.
4.
The investigator must recognize that the subject may have
information without which the case cannot be solved.
17
5.
All information, no matter from what group obtained, must be
verified.
Task 8. Agree or disagree with the following statements.
1.
Every good investigator recognizes some general rules of
interrogation.
2.
Interrogation depends upon too many factors that cannot be
controlled.
3.
During the interrogation the subject should be seated with his
back to the light source.
4.
The investigator should never show anger, hesitation or other
emotions, if it is not a part of plan.
5.
The interrogator should not be in a hurry with the
conclusions.
Homework
Writing
BEHAVIOR SYMPTOM
ANALYSIS
Task 1.
Write
the verbal
and
nonverbal
aspects
of
behavior
which
are
symptomatic of the truthfulness
of a suspect,
victim,
or
witness.
1.
Verbal –
2.
Nonverbal –
18
Speaking
Task 2.
Describe verbal and non-verbal behavior symptoms.
19
Part 2
CRIMINAL PROCEDURE CODE OF THE REPUBLIC OF
UZBEKISTAN
CRIMINAL PROCEDURE LAW
Reading
Task 1.
Read the article 6 and using a dictionary identify the
meaning of underlined words.
Article 6. Granting Request of Foreign Agencies for Criminal
Procedure
The courts and investigating agencies of the Republic of Uzbekistan
shall grant the requests of foreign agencies for conducting
judicial
or
investigating procedures
,
such as
interrogation
of a witness, accused,
forensic examiner
, and other persons, as well as view, examination,
search,
seizure
, and transfer of
physical evidence
, preparation and
sending of documents and others. Request of the foreign agencies sent
directly to the court or investigating agencies shall be granted only upon
the approval of the
Ministry of Justice
of the Republic of Uzbekistan or
the Prosecutor’s Office of the Republic of Uzbekistan respectively.
Requests of foreign agencies on the territory of the Republic of Uzbekistan
shall be granted
in accordance with Article 3 of this Code.
In case of impossibility to grant a request of a foreign agency, it shall
be sent back to the requesting agency via the Ministry of Justice of the
Republic of Uzbekistan or the Prosecutor’s Office of the Republic of
Uzbekistan attached with
attachment
specifying reasons for
nongranting.
The Supreme Court
of the Republic of Uzbekistan shall enjoy a
direct communication with relevant foreign agencies on the above matters.
Speaking
Read the articles and answer the following questions:
1)
What do the articles 7, 8 say about?
2)
How can you translate words and word combinations:
for
extradition
,
prosecutor’s office can be imposed, inquiry and investigation
agencies, proceedings against that person
,
appropriate agencies
,
patronymics, has been prosecuted
into your mother language?
3)
Ask two questions about article 8 from you peer.
20
Article 7. Request to Initiate Criminal Case
Request of a foreign agency to institute of criminal proceedings
against a national of the Republic of Uzbekistan, who has committed a
crime on the territory of another State and returned to the Republic of
Uzbekistan, shall be considered by the Prosecutor’s Office of the Republic
of Uzbekistan, which shall examine the admissibility of the request. The
results of the consideration shall be communicated to the requesting
agency. If the requested person has been prosecuted, the notice of
conviction with the certified copy of the sentence shall be sent to the
requesting foreign agency.
If a foreign national has committed a crime on the territory of the
Republic of Uzbekistan and then left it, evidentiary materials collected
thereof by inquiry and investigation agencies shall be submitted to the
Prosecutor’s Office of the Republic of Uzbekistan, which may send a
request to institute proceedings against that person to the appropriate
agencies of a foreign state.
Article 8. Request to a Foreign State for Extradition
If a criminal case is instituted, or conviction is sustained towards a
person who has committed a crime on the territory of the Republic of
Uzbekistan, the Prosecutor’s Office of the Republic Uzbekistan, in
accordance with the relevant international treaties and agreements, shall
make a request to extradite the person in question to the appropriate
agencies of a foreign State.
A request of extradition shall contain:
1.
Last name, first name, patronymics, date of birth, nationality,
physical description, and photograph of the person accused or convicted;
2.
Description of the circumstances of the crime committed along
with the text of the law that provides for liability for such crime, and an
indication of punishment that can be imposed;
3.
Information on venue and time of rendering the sentence as
well as on its legal effect.
A request to extradite a person shall be attached with a copy of the
sentence or the resolution on recognizing a person as an accused in the
criminal case.
21
Vocabulary practice and writing
Insert the proper words from above given articles.
1)
Request of a foreign agency to institute of criminal proceedings
against a national of the Republic of Uzbekistan, who has committed a
crime on the territory of another State and returned to the Republic of
Uzbekistan, shall be considered by the Prosecutor’s Office of the Republic
of Uzbekistan, which shall examine the …………………of the request.
2)
If the requested person has been…………………., the notice of
conviction with the certified copy of the sentence shall be sent to the
requesting foreign agency.
3)
If a foreign national has ………………..a crime on the territory
of the Republic of Uzbekistan and then left it, evidentiary materials
collected thereof by inquiry and ………………agencies shall be submitted
to the Prosecutor’s Office of the Republic of Uzbekistan, which may send
a request to institute proceedings against that person to the appropriate
agencies of a foreign state.
4)
If a ………………….case is instituted, or conviction is
sustained towards a person who has committed a crime on the territory of
the Republic of Uzbekistan, the Prosecutor’s Office of the Republic
Uzbekistan, in accordance with the relevant international treaties and
agreements, shall make a request to extradite the person in question to the
appropriate agencies of a foreign State.
5)
Last name, first name, patronymics, date of birth, nationality,
physical……………………., and photograph of the person accused or
convicted;
6)
Description of the circumstances of the crime committed along
with the text of the law that provides for liability for such crime, and an
indication of ………………..that can be imposed;
7)
Information on venue and time of ……………………the
sentence as well as on its legal effect.
8)
A request to extradite a person shall be attached with a copy of
the sentence or the resolution on recognizing a person as an accused in the
criminal case.
22
Homework
CRIMINAL CODE OF THE REPUBLIC OF UZBEKISTAN
Read the following articles, translate them into mother tongue,
identify the defenition of the new underlined words, learn the new
words, retell the meaning of each article.
Article 6. Principle of Democratic Participation
In the
instances
envisaged by law, social association, self-governance
institutions, or collectives may be engaged to correction of persons, who
committed a crime.
Article 7. Principle of Humanity
Penalties
and other
measures
of legal influence shall not be aimed to
cause physical suffer or humiliation of human dignity.
A person, who committed a crime, shall be subject to sentence or
application of another measure of legal influence, which are necessary and
sufficient
for his correction and
prevention
of new crimes.
Severe penalty measures may be applied only if a more
lenient
penalty
envisaged
by an appropriate article of the Special Part cannot
make the penalty effectual.
Article 8. Principle of Justice
A
penalty
or another measure of legal influence applied to a person
guilty of a crime shall be just, that is, correspond to the
seriousness
of the
crime, degree of his guilt, and his dangerousness for the society.
No one shall be subjected to
liability
twice for the same crime.
Article 9. Principle of Liability for Commission of Crime
A person shall be subject to liability only for those socially dangerous
acts, in
commission
of which his guilt has been proved in the
procedure
established by law.
Article 10. Principle of Inevitability of Penalty
Each person, in whose acts availability of corpus delicti has been
proven, shall be
subject to liability.
23
Article 11. Application of Criminal Code to Persons Having
Committed Crimes in Territory of Uzbekistan
A person, who committed a crime in the territory of Uzbekistan, shall
be subject to liability under this Code.
A crime committed on the territory of Uzbekistan shall be an act:
a.
commenced, completed, or
interrupted
on the territory of
Uzbekistan;
b.
committed outside Uzbekistan with the effect thereof being
available
on the territory of Uzbekistan;
c.
committed on the territory of Uzbekistan with the effect thereof
being available outside the borders of Uzbekistan;
d.
belonging to a
cumulative crime
with a part thereof committed
on the territory of Uzbekistan.
In the instance of commission of a crime on an aircraft,
sea-craft
or
river-craft
being outside the borders of Uzbekistan and outside the
borders
of a foreign State, the liability thereof shall be
incurred
by this
Code, if the craft flies the flag of and committed to the port of Uzbekistan.
An issue of liability of foreign citizens, who, in accordance with the
current laws
, international
treaties
or agreements are out of the
jurisdiction of courts of Uzbekistan, in the instance of commission of a
crime on the territory of Republic of Uzbekistan, shall be
resolved
on the
basis of international law.
24
UNIT 3
Reading
Crime scene investigation
The first officer who arrives at the
crime scene must
examine
it very
carefully. No
valuable
traces should
be
disturb
ed or
obliterate
d. If the
officer has not been trained in the
examination of crime scenes he must
do nothing without a specially trained
officer, as he is the person responsible
for the
initial
protection of the scene
of crime. How well the search
commander does his job may determine the
outcome
of an
investigation.
Evidence is always present at the scene of the commission of any
offence
. Whether this evidence is found or not is another question.
That evidence is not found does not prove its absence. It should be
remembered that a criminal cannot commit a crime without leaving
some traces. The evidence may be easily seen in the case of
tyre
marks
or
footprints
or some instruments left, and may not be seen
without difficulty, such as a
fingerprint
or a hair, and any contact may
be enough to disturb it.
The scene of a crime is not only the
immediate
spot
where the
crime happened; it may extend far beyond it; it includes the whole area
where the
clues
may be present. Examples of clues, which are often
found some distance from the spot, are fingerprints, footprints, tyre
marks,
bloodstain
s, bus tickets and different instruments.
When an investigating officer arrives at the scene he should
tactfully
but firmly prevent all possible witnesses from leaving the
scene. If it is impossible to interview the witnesses immediately, their
names and addresses must be taken.
All
incompetent
persons must be kept away from the scene, but
any, who can assist the interrogation, should be asked to give their
names and addresses so that they can later be interviewed by a
detective. If the crime has happened in a house or other building the
inmates
should be
instructed
not to touch or disturb anything. If it is
25
possible, the house or room should be
locked
so as to prevent
entry
and protect traces. These traces are a part of the crime scene. They can
be easily destroyed before it has been photographed,
sketched
and
searched. The importance of
preserving
the crime scene in its original
condition is very essential for the investigation.
Glossary
examine -
inspect (someone or something) thoroughly in order to
determine their nature or condition;
valuable -
extremely useful or important;
disturb -
interfere with the normal arrangement or functioning of;
obliterate -
destroy utterly; wipe out;
initial
- existing or occurring at the beginning;
outcome -
the way a thing turns out; a consequence;
offence -
a breach of a law or rule; an illegal act;
tire -
a rubber covering, typically inflated or surrounding an inflated
inner tube, placed round a wheel to form a soft contact with the road;
mark -
a spot, area, or feature on a person's or animal's div by
which they may be identified or recognized;
footprint -
the impression left by a foot or shoe on the ground or a
surface;
fingerprint -
an impression or mark made on a surface by a person's
fingertip, esp. as used for identifying individuals from the unique pattern
of whorls and lines;
immediate -
nearest or next to in space;
spot -
a particular place or point;
clue -
a piece of evidence or information used in the detection of a
crime;
tactfully -
having or showing skill and sensitivity in dealing with
others or with difficult issues;
firmly -
showing resolute determination and strength of
character;
incompetent -
not having or showing the necessary skills to do
something successfully; not qualified to act in a particular capacity;
inmate -
a person living in an institution such as a prison or hospital; one
of several occupants of a house;
instruct -
tell or order someone to do something, especially in a
formal or official way;
26
lock -
fasten or secure (something) with a lock;
entry -
an act of going or coming in;
sketch -
a rough or unfinished drawing or painting, often made to
assist in making a more finished picture;
bloodstain-
a dark discoloration caused by blood, esp dried blood
preserve -
maintain (something) in its original or existing state;
Task 1. Match each word and expression on the left with the
appropriate synonym on the right.
1.
To examine
2.
To obliterate
3.
Mark
4.
Offence
5.
Initial
6.
Immediate
7.
Evidence
8.
Outcome
9.
Spot
a)
crime
b)
clues
c)
place
d)
to inspect
e)
direct
f)
remove
g)
result
h)
i)
primary
Task 2. Translate the family words. Consult the dictionary, if
necessary.
1.
Value – valuable
2.
Response – responsible
3.
Possible – impossible
4.
Protect – protection
5.
Commit – commission
6.
Easy – easily
7.
Difficult – difficulty
8.
Tact – tactful – tactfully
9.
Competent – incompetent
Task 3. Find English equivalents of the following Uzbek
expressions in the text:
1.
Qiymatli izlarning hech biri.
2.
Javobgar shaxs bo‘lganligi uchun.
3.
Biror iz qoldirmasdan.
4.
Oyoq izlari qoldirilgan taqdirda.
5.
Yo‘qotish uchun yetarli.
27
6.
Bevosita jinoyat sodir bo‘lgan joy.
7.
Undan ancha uzoqlashib ketishi mumkin.
8.
Guvohlarning jinoyat joyini tark etishlariga yo‘l qo‘ymaslik.
9.
Jinoyat joyiga yaqinlashtirmaslik.
Task 4.
Make up word combinations. Use them in sentences of
your own.
1. Valuable
information
traces
2. To disturb
a trace a
person a
dog
3. To sketch
a plan
a story
Speaking
Task 5. Answer the following questions.
1.
What may determine the outcome of an investigation?
2.
Why is it very important to make the initial examination of the
crime scene carefully?
3.
Is evidence always present at the crime scene?
4.
What is the crime scene?
5.
What are the tasks of the officer who first arrived at the crime
scene?
Task 6. Agree or disagree with the following statements.
1.
A criminal cannot commit a crime without leaving some traces.
2.
Investigating officer should firmly prevent all possible
witnesses from leaving the scene.
3.
Preserving of the crime scene in its original condition is not
essential for the investigation.
Task 7. Comment on the following statements.
1.
The scene of a crime is not only the immediate spot where the
crime happened.
2.
Evidence is always present at the scene of the commission of
any offence.
28
Homework
Task 1.
There are four types of search methodology that can be
considered to search a crime scene:
•
Lane or strip search
•
Grid search
•
Zone Search
•
Spiral search
Look at the sketches and find the type of search.
1.
__________
are accomplished by the searchers walking in
parallel along defined __________ in the same direction.
2.
A
__________
is a lane search that is conducted by completing
a lane search in one direction and then completing a lane search in a
perpendicular direction. While it takes twice as long as a lane search, it
provides a more thorough search of an area.
3.
A
__________
involves dividing the area to be searched into
adjacent zones. The smaller the size of the _________, the more
methodical the search can be. _______ searches may be done by multiple
searchers per_______.
4.
_________
involves a ________ into (inward) or out from
(outward) a crime scene. A practical disadvantage with outward _______
searches is the evidence may be destroyed as the searchers move to the
center of the crime scene area to begin their outward search.
Part 2
CRIMINAL PROCEDURE CODE OF THE REPUBLIC OF
UZBEKISTAN CRIMINAL PROCEDURE LAW
Reading
Task 1.
Read the articles 9, 10, 11 and using a dictionary identify the
meaning of underlined words.
29
Article 9. Limits of Liability of Extradited Person
A person
extradited
to the Republic of Uzbekistan by a foreign state
may not be
prosecuted
as a defendant,
subjected to
a penalty, or
extradited
to a third State for the crime committed before the extradition
and for which the person was not extradited, without the consent of the
extraditing State.
Article 10. Denial of Extradition to Another State
Extradition shall not be permitted if:
1.
the person, with respect to whom the extradition request has
been entered, is a national of the Republic of Uzbekistan, unless otherwise
provided by the
international treaties
and agreements between the
Republic of Uzbekistan and the other States;
2.
the crime in question has been committed on the territory of the
Republic of Uzbekistan;
3.
for the same crime a sentence has been rendered and taken legal
effect, or the criminal proceedings have been
discontinued
in respect to
the person, who is requested to be extradited;
4.
according to the laws of the Republic of Uzbekistan,
a criminal
case
may not be
initiated
nor a sentence may not be
executed
due to the
expiration of the
statutory time
limit or on any other legal ground;
5.
the act
underlying
the extradition request is not recognized as a
criminal offense under the law of the Republic of Uzbekistan;
Article 11. Legality
A judge, prosecutor, investigator, inquiry officer,
defence counsel
,
and other persons participating in criminal proceedings shall strictly
observe and
enforce
the provisions of the Constitution of the Republic of
Uzbekistan, this Code, and other laws of the Republic of Uzbekistan.
Any departure from
strict observance
and enforcement of the laws,
regardless of the reasons thereof, shall be considered as a
violation
of the
criminal proceedings and
entails liability
.
Speaking
Read the articles and answer the following questions:
1)
What do the articles 12, 13, 14 say about?
30
2)
How will you translate the phrases
criminal justice, multiple-
member court, people’s assessors, judicial powers, the plenum of the
supreme court, upon discovery of elements, multiple-member and single-
judge examination
into your mother language?
3)
Can you retell the jist of article № 15 perephrasing it?
Article 12. Administration of Justice Only by Court
In accordance with the Constitution of the Republic of Uzbekistan,
only court shall administer criminal justice.
Article 13. Multiple-Member and Single-Judge Examination of
Criminal Cases
Criminal cases shall be examined by a multiple-member court, except
those envisaged by Paragraphs 2 and 3 of Article 15 of the Criminal Code,
which shall be examined with single-judge proceeding.
The multiple-member examination at court of first instance shall be
conducted by a judge and two people’s assessors. The Supreme Court of
the Republic of Uzbekistan shall examine cases at the court of first
instance by three judges.
At trial, the people’s assessors shall be entitled to all judicial powers.
They enjoy equal resolution power with the chief judge at the hearing and
adjudication.
The trial at courts of appeal, review, and supervision shall be
conducted by three judges. The petitions for review and appeal on the
judgments of the Supreme Court of the Republic of Uzbekistan shall be
examined by the respective chambers of the Supreme Court of the
Republic of Uzbekistan by five judges.
(As amended by Law of
14.12.2000).
The Presidium of the court shall hear cases when a simple majority of
its members is available.
The Plenum of the Supreme Court of the Republic of Uzbekistan shall
hear cases when a two-thirds majority of its members is available.
Article 14. Independence of Judges and Their Accountability to
Law Only
Judges and people’s assessors shall be independent and accountable to
the law only. Judges and people’s assessors shall examine and adjudicate
criminal cases under the rule of law.
31
Any intervention into obligations of judges and people’s assessors
shall be prohibited and entail liability.
Article 15. Mandatory Initiation of Criminal Case
Upon discovery of elements of a crime and within their competence, a
court, prosecutor, investigator and inquiry officer shall be obliged to
initiate a criminal case and take all necessary legal measures to establish of
the event and actors of a crime and to punish guilty.
Vocabulary practice and writing
Insert the proper words from above given articles.
1)
In accordance with the Constitution of the Republic of
Uzbekistan, only court shall administer criminal ….……………..
2)
Criminal cases shall be examined by a multiple-member court,
except those envisaged by Paragraphs 2 and 3 of Article 15 of the Criminal
Code, which shall be examined with …………………. proceeding.
3)
The multiple-member examination at court of first instance
shall be conducted by a judge and two people’s………………... The
Supreme Court of the Republic of Uzbekistan shall examine cases at the
court of first instance by three judges.
4)
At trial, the people’s assessors shall be entitled to all judicial
powers. They enjoy equal ……………….. power with the chief judge at
the hearing and adjudication.
5)
The trial at courts of appeal, review, and supervision shall be
conducted by three judges. The petitions for review and appeal on the
judgments of the ……………. Court of the Republic of Uzbekistan shall
be examined by the respective chambers of the Supreme Court of the
Republic of Uzbekistan by five judges.
(As amended by Law of
14.12.2000).
6)
The …………….. of the court shall hear cases when a simple
majority of its members is available.
7)
The Plenum of the Supreme Court of the Republic of
Uzbekistan shall hear cases when a ……………..majority of its members
is available.
8)
Judges and people’s assessors shall be independent and
accountable to the law only. Judges and people’s assessors shall examine
and ……………….. criminal cases under the rule of law.
9)
Any …………………. into obligations of judges and people’s
assessors shall be prohibited and entail liability.
32
10)
Upon discovery of elements of a crime and within their
competence, a court, prosecutor, …………… and inquiry officer shall be
obliged to ………….. a criminal case and take all necessary legal
measures to establish of the event and actors of a crime and to. guilty.
Homework
CRIMINAL CODE
OF THE REPUBLIC OF UZBEKISTAN
Read the following articles, translate them into mother tongue,
identify the defenition of the underlined new words, learn the new
words, retell the meaning of each article.
Article 12. Application of Criminal Code in Respect of Persons
Who Committed Crimes outside Uzbekistan
National of the Republic of Uzbekistan, as well as stateless persons
permanently residing
in Uzbekistan, shall
be
liable
for crimes committed
in the territory of another State, if they have not been sentenced by a court
of the state, on whose territory the crime was committed.
An Uzbek national may not be extradited for a crime committed on
the territory of a foreign State, unless otherwise is not envisaged by
international treaties or agreements.
Foreign nationals, as well as
stateless persons
, not permanently
residing in Uzbekistan, for crimes committed outside its territory, shall be
liable under this code if otherwise is
envisaged
by international treaties or
agreements.
Article 13. Application of Law in Time
Criminality and punishability of an act shall be established by a law
being
valid
at the moment of commission of the act. As time of
commission of an crime shall be recognized the time of commission of a
socially
dangerous act
, if an Article of this Code determines a moment of
completion of an crime as a moment of completion of action or
inaction
.
As time of commission of an crime shall be recognized the time of
emergence of
criminal consequences
of an crime, if an article of this
Code determines a moment of completion of an crime as a
moment of
emergence
thereof.
33
A law
decriminalizing
an act, mitigating a penalty or otherwise
improving the position of a person, shall be
retroactive
, that is, shall be
applied to persons, who had committed the appropriate act before this law
came into effect, as well as to persons, who are serving their penalty or
have served it with
non-cancelled conviction
.
A law criminalizing an act, severing a penalty or otherwise worsening
position of a person, shall not be
retroactive.
Article 14. Notion of Crime
A culpable
socially dangerous act (action or inaction) prohibited by
this Code on pain of
imposing
of a penalty shall be recognized as a crime.
An act causing or inviting a
real danger
to the objects protecting by
this Code shall be recognized as a socially dangerous act.
Article 15. Crime Classification
Crimes, on the grounds of their character and degree of social danger,
shall be divided into: with
insignificant
social danger; less serious;
serious; especially serious.
Intentional crimes punishable under law by imprisonment up to three
years, as well as crimes committed
unintentionally
and punishable under
law by
imprisonment
up to five years shall be classified as crimes with
insignificant
social danger.
Intentional crimes punishable under law by imprisonment from three
up to five years, as well as crimes committed
unintentionally
and
punishable under law by
imprisonment
over five years shall be classified
as less serious crimes.
(As
amended
by the Law of Uzbekistan of 29.08.01).
Intentional crimes punishable under law by
imprisonment
from five
to ten years shall be classified as serious crimes.
Intentional crimes punishable under law by imprisonment over ten
years or
capital punishment
shall be classified as especially serious
crimes.
Article 16. Criminal Liability and Its Grounds
Criminal liability shall be a legal consequence of a committed socially
dangerous act and shall be
manifested
in conviction of, imposing a
sentence or other measures of legal influence on a person
guilty
in
commission of an crime.
34
Grounds for
liability
shall be commission of an act containing all
elements of corpus deficit of a crime envisaged by this Code.
35
UNIT 4
Reading
Police action at the crime scene
The officer who first
arrived
at the
scene of a crime should note the time of
his arrival. This time must be
include
d in
the primary crime report.
The first question of the investigator
when he arrived at the crime scene will
be: “Has anydiv entered the scene?”
He also
finds out
: When did the first
officer arrive at the scene? Who was
present? What did they say? What did they change at the crime scene?
From here the investigator becomes the search commander who is
responsible for search. If the crime is not a serious one, and it will be
investigated by the officer first on the scene, he should interview the
persons who can give useful information for proper investigation. It is
important to obtain as much information as possible at the first stages of
the interview when the facts are fresh in the minds of victim and
witnesses. The successful solution of the case often depends upon the
carefulness
of the primary interview and investigation.
When the crime is of a serious character or of such a nature that it
should be investigated by another officer than the officer who first arrived
at the crime scene, the Criminal Investigation Department must be
informed and everything done to protect the crime scene. Nothing should
be touched or moved unless there is some very good reason for doing that,
for example to save life. The officers who arrived at the scene of the crime
should preserve the scene in the condition in which they found it until the
arrival of the officer who will be investigating the case.
Sightseers and police officers who do not take part in the examination
of the scene must be excluded from the scene of the crime. Everything
possible should be done to avoid attracting the attention of the public.
When a crime has been committed but the criminal escaped without
leaving sufficient traces for establishing his identity, the assistance of
police
publications
and information of the Criminal Record Office used.
36
Glossary
arrive -
reach a place at the end
of a journey or a stage in a
journey
include -
make part of a
whole
find out
- discover a fact
discipline -
activity that provides
mental or physical training
carefulness -
accuracy, care,
thoroughness
sightseer -
observer,
onlooker
exclude
-
deny
(someone) access to a place, group,
or privilege
publication -
the
preparation and issuing of a book,
journal, or piece of music for
public sale
Practice
Task 1. Match each word and expression on the left with the
appropriate synonym on the right.
1.
To arrive
2.
To preserve
3.
To escape
4.
Assistance
5.
Important
a)
significant
b)
to run away
c)
to protect
d)
to get
e)
help
Task 2. Find English equivalents of the following Uzbek
expressions in the text:
1.
Jinoyat joyiga birinchi yetib kelgan ofitser.
2.
Jinoyat to‘g‘risidagi dastlabki bildirgi.
3.
Jinoyat jiddiy jinoyatlardan bo‘lmasa.
4.
Imkon qadar ko‘p ma’lumot olmoq.
5.
Voqealar (faktlar) jabrlanuvchining aniq esida turgan vaqtda.
Task 3.
Make up word combinations. Use them in sentences of
your own.
crime scene
1. To arrive
airport
country
2. To preserve
evidence
traces
crime scene
3. Primary
investigation
interview
37
crime report
Task 4.Translate the family words. Consult the dictionary, if
necessary.
1.
To arrive – arrived – arrival.
2.
Command – commander.
3.
Response – responsible.
4.
Success – successful.
5.
Care – careful – carefully – carefulness.
6.
To solve – solution.
7.
To assist – assistance.
8.
Public – publication.
9.
To identify – identification – identity.
10.
To inform – informed – information.
Speaking
Task 5. Answer the following questions.
1.
What should the investigator note on his arrival at the crime
scene?
2.
What will the first question of the investigator be?
3.
Why is it important to obtain all possible information in the
first stages of the interview?
4.
What does the successful solution of the case often depend
upon?
5.
What must the police officer do if the crime is a serious one?
6.
In which condition should the officer who first arrived at the
scene preserve it?
7.
What should be done to avoid the attention of the public?
Task 6. Comment on the following statements.
It is important to obtain as much information as possible at the first
stages of the interview.
1.
Nothing at the scene should be touched or moved unless there
is some very good reason for doing that.
2.
The successful solution of the case often depends upon the
carefulness of the primary interview and investigation
38
Homework
Writing
Task 1.
Police actions at a crime scene fall into four categories:
safety
issues, preserving the crime scene, collecting evidence,
and
documenting
the situation
. Match and complete them from given statements.
1. safety
issues
2. preserving
the crime scene
3.collecting
evidence
4.
documenting
the situation
1. Proceed cautiously until you’re sure the location is …….. Assess
any victims and call for medical assistance if needed. Issue a description of
the suspect if there’s danger to the public. Be aware of potential hazards,
such as pathogens, gasoline, and drugs. Use …… procedures when dealing
with biological samples.
2. Ask medical personnel to ……… the victim’s clothing. If it needs
to be cut, ask personnel to…….. bullet holes and knife tears if possible.
Use yellow tape to create a pathway for essential personnel at the crime
scene.
Limit the number of official visitors to the scene. You don’t have to
admit every EMT and law-enforcement official who offers to help. Set up
a staging area for media reporters. Don’t handle evidence unless you’re a
trained technician.
3. Remember that even small details can be important. Don’t adjust
the thermostat, open windows or doors, or move any objects. Don’t use the
bathroom, telephones, or trash containers. Don’t smoke at the scene. Odors
can be important evidence, especially if a canine is involved in the
investigation.
4. Consider asking a patrol officer to ride in the ambulance with a
victim—it may be the only opportunity to get testimony from someone
who was seriously injured. Take pictures of the victim’s condition and
clothing, since they may prove important in a jury trial. Consider bagging
the suspect’s hands to preserve any gunshot residue or ………. that the
victim struggled. Consider asking the victim or suspect for consent to
search the premises or initiating the process for obtaining a search warrant.
5. Here again the patrol officer can play a vital role by starting a
crimescene log ……. the temperature, lighting, open doors and windows,
39
odors, and other information about the crime scene. The log should also
contain arrival and departure times for medical and law enforcement
personnel. All officers at the scene should ……. their actions and
observations in detailed police reports.
1. safe 2. preserve 3. evidence 4. document 5. record
Part 2
CRIMINAL PROCEDURE CODE OF THE REPUBLIC OF
UZBEKISTAN
CRIMINAL PROCEDURE LAW
Reading
Task 1.
Read the articles 18, 19 and using a dictionary identify
the meaning of underlined words.
Article 18. Protection of Human Rights and Freedoms
All state agencies and officials conducting criminal proceedings shall
protect rights and freedoms of the persons participating there in.
No one may be taken into
custody
except under a
court decision
or a
warrant
of a
prosecutor.
A court and prosecutor shall release immediately a person, who has
been illegally
apprehended
or deprived of his liberty, or held in
custody
longer than
envisaged
by the law or the court’s sentence.
Personal privacy, inviolability of dwellings, confidentiality of
correspondence, telephone and other conversations, postal,
telegraph
, and
other communications, shall be protected by law.
Search, seizure, view of dwelling or other
premises
and
territories,
which belong to a person, as well as impounding postal or telegraph
communications or
seizure
thereof at a communication office,
wiretapping
of phones or other communications may be conducted
pursuant to the procedure established by this Code only.
Damage
caused to a person
by interference with
his rights and
freedoms during criminal proceedings shall be compensated in accordance
with the procedure established by this Code.
40
Article 19. Public Hearing on Criminal Case
A hearing on criminal case shall be public, except for the instances
inconsistent
with the reasons of protection of state secrets, or connected
with hearing on sexual crimes.
In camera hearing shall be permitted on
juvenile
crimes, as well as on
other cases, when it is required to prevent
disclosure
of private or
degrading
information, and to ensure security of a victim, witness or other
party in the case, as well as their family members or immediate relatives.
Private postal and telephone
correspondence
can be disclosed during
the open court hearing only upon the consent of the sender and receiver.
Otherwise they shall be disclosed and examined in the in
camera hearing.
In camera hearing shall be conducted with observance of all
procedural rules. A court may render a finding may on in camera hearings
for the entire case or a part thereof. The finding shall concern the general
public only and not be applied to the participants of the proceedings.
A court may allow immediate relatives of a defendant and
victim
, as
well as other persons concerned, to attend
in camera
sessions, after
warning them of the liability for disclosure of the circumstances revealed
therein.
The court may prohibit certain persons to attend a public court hearing
for keeping order in
the courtroom
.
Audio, photo, and video recording in the courtroom shall be allowed
by the presiding judge only.
Sentences, findings, and rulings of a court shall be read out publicly,
both in public and
in camera
hearings.
For
enhancing
publicity in
administration of justice,
the court may,
if needed, notify mass media, public organization and groups concerned on
hearings to be conducted, as well as conduct the hearings at the premises
of
enterprises,
institutions, and organizations.
Speaking
Read the articles and answer the following questions:
What do the articles № 16, 17 say about?
1)
How will you translate the phrases
criminal justice, not with
standing their age, race, ethnicity, language, religion, social origin, belief,
physical or moral suffering
into your mother language?
2)
Can you retell the jist of article 17 perephrasing it? Ask two
questions from your peer from articles № 16, 17.
41
Article 16. Administration of Justice on Basis of Equality before
the Law and Court
Criminal justice shall be administered on the basis of equality of
individuals before the law and the court, not with standing their age, race,
ethnicity, language, religion, social origin, belief, and personal and social
status.
Article 17. Respect for Honor and Dignity of Individual
A judge, prosecutor, investigator, and inquiry officer shall respect
honor and dignity of individuals participating in case.
Nodiv may be subject to violence, torture, or other cruel or
degrading treatment.
Acts or decisions, which degrade dignity, violate privacy, endanger
health, and cause unjustified physical or moral suffering, shall be strictly
prohibited.
Vocabulary practice and writing
Insert the proper words from above given articles.
1)
A hearing on criminal case shall be public, except for the
instances …………………… with the reasons of protection of state
secrets, or connected with hearing on sexual crimes.
2)
In camera hearing shall be permitted on ……………… crimes,
as well as on other cases, when it is required to prevent ……………of
private or …………….. information, and to ensure security of a victim,
witness or other party in the case, as well as their family members or
immediate relatives.
3)
Private postal and telephone …………………..can be disclosed
during the open court hearing only upon the consent of the sender and
receiver. Otherwise they shall be disclosed and examined in the in
4)
In camera hearing shall be conducted with observance of all
procedural rules. A court may render a finding may on in camera hearings
for the entire case or a part thereof. The finding shall concern the general
public only and not be applied to the participants of the proceedings.
5)
A court may allow immediate relatives of a defendant and
……………..., as well as other persons concerned, to attend
in camera
sessions, after warning them of the liability for disclosure of the
circumstances revealed therein.
6)
The court may prohibit certain persons to attend a public court
hearing for keeping order in………………...
42
7)
Audio, photo, and video recording in the courtroom shall be
allowed by the presiding judge only.
8)
Sentences, findings, and ……………. of a court shall be read
out publicly, both in public and
in camera
hearings.
9)
For ………………… publicity in………………..
,
the court
may, if needed, notify mass media, public organization and groups
concerned on hearings to be conducted, as well as conduct the hearings at
the premises of …………………
,
institutions, and organizations.
10)
Criminal justice shall be ………………….. on the basis of
equality of individuals before the law and the court, not with standing their
age, race, ethnicity, language, religion, social origin, belief, and personal
and social status.
Homework
CRIMINAL CODE
OF THE REPUBLIC OF UZBEKISTAN
Read the following articles, translate them into mother tongue,
identify the defenition of the underlined new words, learn them, retell the
meaning
Article 17. Liability of Individuals
Sane
individuals aged sixteen years or above at the moment of
commission of a crime, shall be
subject to liability.
Individuals aged thirteen years or above at the moment of commission of
a crime, shall be subject to liability only for intentional
aggravated killing
(Paragraph 2 of Article 97).
Individuals aged fourteen years or above at the moment of commission of
a crime, shall be subject to liability for the crimes envisaged by Paragraph 1 of
Article 97, Articles 98, 104 – 106, 118, 119, 137, 164 – 166, and 169,
Paragraphs 2 and 3 of Article 173, Articles 220, 222, 247, 252, 263, 267, and
271, Paragraphs 2 and 3 of Article 277 of this Code.
Individuals aged eighteen years or above at the moment of commission of
a crime, may be subject to liability for the crimes envisaged by Articles 122,
123, 127, 144, 146, 193 – 195, 205 – 210, 225, 226, 230 –232, 232, 234, 235,
and 279 – 302 of this Code.
Individuals aged under eighteen years at the moment of commission of a
crime, may be subject to liability in accordance with
general provisions
and
43
with regard to the peculiarities envisaged by Section Six of General Part of
this Code.
Article 18. Sanity
A person, who, at the moment of commission of a crime was aware of a
socially dangerous character thereof and controlled it, shall be recognized as
sane.
A person, who was insane at the moment of commission of a socially
dangerous act, that is, could not be aware of character of his actions and to
control them due to a
chronic mental disease
, temporary
mental disorder
,
imbecility or another mental disease, shall not be subject to liability.
A court may apply compulsory medical measures to a person, who
committed a socially dangerous act and was recognized as
insane.
44
UNIT 5
Reading
Interviewing witnesses and victims
INCIDENT REPORT
Reporting officer: McCarthy
Location of incident: Berkeley Train
Station
Date: 3/25/2011 Time: 1:30 PM
Incident type: Aggressive Robbery
Victim Name: Sammi Ma
Interpreter name: Kim Li
Victim statement:
The victim spoke
only Mandarin and was in a highly
emotional state.
We recruited a citizen
interpreter
for
questioning
. After
establishing a
rapport
with the, the interpreter
summarized
the victim’s
statement as follows. Victim reports that the two suspects approached her
from behind and knocked her down. They took her backpack and removed
her wallet from her pants pocket. The victim made no
observation
of any
weapons.
Witness No. 1 Name: Carol Stevens
Witness No. 1 Statement:
Interview
with the witness was held outside
the station. In her testimony, witness reports seeing two suspects exit the
train station. According to Ms. Stevens, the suspects were wearing black
sweatshirts. One suspect had a pistol. The other was holding a red
backpack. They ran south down 2
nd
St.
Additional Notes: All interviews were
recorded
. Victim is willing to
continue cooperating with the
investigation.
Vocabulary
incident -
a violent event, such as
a fracas or assault;
report -
give a spoken or
written account of something
that one has observed, heard,
done, or investigated;
location -
a particular place or
position; the action of locating
someone or something;
aggressive robbery
-
the
action of robbing a person or
place;
victim -
a person harmed,
injured, or killed as a result of a
45
crime, accident, or other event
or action;
interpreter -
a person who
interprets, especially one who
translates speech orally;
statement -
a definite or clear
expression of something in
speech or writing;
mandarin
-
the
standard
literary and official form of
Chinese based on the Beijing
dialect. the official language of
China since 1917; the form of
Chinese spoken by about two
thirds of the population and
taught in schools throughout
China;
emotional state -
relating to a
person's emotions and the
particular
condition
that
someone or something is in at a
specific time;
recruit -
persuade to do or help
with something;
rapport -
a close and harmonious
relationship in which the people
or groups concerned understand
each other's feelings or ideas and
communicate well;
summarize -
give a brief statement of the main
points of (something);
approach -
come near or nearer to (someone
or something) in distance or time;
backpack -
a rucksack, a piece of
equipment carried on a person's
back;
wallet -
a pocket-sized flat
folding case for holding money
and plastic cards;
pocket -
a small
bag sewn into or on clothing so as
to form part of it, used for
carrying small articles;
observation -
the action or
process of closely observing or
monitoring
something
or
someone;
weapon -
a thing designed or used
for inflicting bodily harm or
physical damage;
witness -
a person who sees an
event, typically a crime or
accident, take place;
interview -
a conversation with or
questioning of a person, usually
conducted for television, radio, or
a newspaper;
testimony -
a formal written or
spoken statement, especially one
given in a court of law; evidence
or an account kept in writing or
some proof of something;
other
permanent form;
pistol -
a small firearm designed
to be report of the proceedings
and held in one hand; judgement
in a court;
record -
a thing constituting a
piece of vidence about the past,
especially
Speaking
Before you read the passage, talk about these questions.
1.
What questions should police ask the victim of a crime?
46
2.
How does interviewing witnesses help to catch criminals?
Reading
2. Read the officer’s incident report. Then, match the statements
as true (T) or false (F).
1.___ the witness required an interpreter.
2.___The suspects approached from behind.
3.___Kim Li saw a suspect holding a pistol.
3. Match the words (1-6) with the definitions (A-F).
1
__victim 4 __interpreter
2
__rapport 5 __record
3
__testimony 6 __interview
A.
a person’s account of an event
B.
to document something
C.
a relationship of mutual trust
D.
a person whom a crime has been committed against
E.
a person who expresses someone’s words in another language
Practice
4. Fill in the blanks with the correct words and phrases from the
word bank.
investigation emotional state questioning summarize
statement observation
1.
The witness give her ___________ on what happened.
2.
The robbery victim was in a poor___________.
3.
The witness made a(n) ____________ of the suspect’s tattoo.
4.
The officer asked the interpreter to ___________ the witness’s
statement.
5.
A(n)__________followed the suspect’s arrest.
6.
The suspect was taken to the station for _____________.
Listening
5.
Listen to a conversation between an officer and a witness.
Check
(›)
the information the witness provides.
1
___ suspect’s heights
47
2
___ suspect’s voices
3
___ suspect’s faces
4
___ suspect’s weapons
5
___ suspect’s dress
6. Listen again and complete the conversation.
Officer:
Okay. What can you tell me.
1
_____________________?
Witness:
Well, one was tall and the other was short. I’m pretty sure
one of them had a
2
_____________.
Officer:
Did you notice what
3
___________, ma’am?
Witness:
There were both wearing black sweatshirts.
Officer:
Okay. I need you to think hard now,
4
_______________.
Was it the tall or the short suspect that was holding the gun?
Witness:
The taller one was holding the gun. The shorter one had a
red backpack.
Officer:
Did you
5
_________________about the suspects? Did
they say anything as they ran by? Maybe you saw their
6 _____________?
Witness:
No. They just ran by me so quickly. That’s all I remember.
Speaking
7. With a partner, act out the roles below based on task 7. Then
switch roles.
USE LANGUAGE SUCH AS:
What can you tell me about the suspects?
I need you to think hard now . . .
Did you notice anything else . . .
Student A:
You are the witness to a robbery. Talk to Student B
about:
•
the suspect’s dress
•
items suspects held
•
other details
Student B:
You are a police
officer. Talk to Student A about
a robbery he or she witnessed.
Writing
48
8. Use the incident report and the conversation from Task 8 to fill
out the witness’s written statement. Use today’s date.
Homewood Police Department
INCIDENT REPORT
witness testimony
Name of witness: ______________________________
Date: ______________________________________
Witness Statement: ____________________________
__________________________________________
__________________________________________
__________________________________________
49
UNIT 6
Reading
Handling lost and stolen property
Lost/Stolen Property Form
Owner: Brian Holmes
Date Items Went Missing February
12
Location items last seen: Common
Ground Coffee
Shop 5160 N. Prescott
Property
was:
Lost
Stolen
Description
of property
: The
lost
item is one BELL Laptop Computer, black in color, 14 inches by
eleven
inch
es by one inch. The
owner
forgot the item on a table when
he left the Common Ground Coffee Shop. The owner returned in twenty
minutes and the computer was gone. Coffee Shop
employee
s report no
finding of the
item
and
claim
no
responsibility
for its
disappearance
.
Owner possesses
proof
of
ownership
in the form of a
credit card
receipt
and owner’s
manual
with serial number. The owner is offering a
reward of $300 to the finder for
restitution
of the lost item. He can be
reached by telephone at (555)613-5555.
50
Vocabulary
description -
a spoken or written
account of a person, object, or
event;
property -
a thing or things
belonging to someone;
possessions collectively;
lose -
be deprived of or cease to
have or retain (something);
inch -
a unit of linear measure
equal to one twelfth of a foot
(2.54 cm);
owner -
a person who owns
something;
employee -
a person employed
for wages or salary, especially at
non-executive level;
item -
a piece of news or
information;
claim -
state or assert that
something is the case, typically
without providing evidence or
proof;
responsibility -
the state or fact of
having a duty to deal with
something or of having control
over someone;
disappearance -
an act of
someone or something ceasing to
be visible, an act or the fact of
someone or something going
missing;
proof -
evidence or argument
establishing a fact or the truth of a
statement;
ownership -
the act, state, or right
of possessing something;
credit card -
a small plastic card
issued by a bank, building society,
etc., allowing the holder to
purchase goods or services on
credit;
receipt
-
a
written
acknowledgment by a receiver of
money, goods, etc., that payment
or delivery has been made;
manual
- relating to or done with
the hands;
restitution -
the restoration of
something lost or stolen to its
proper owner;
compensate -
give (someone)
something, typically money, in
recognition of loss, suffering, or
injury incurred; recompense;
purchase
1. acquire (something)
by paying for it; buy; 2. haul up (a
rope, cable, or anchor) by means
of a pulley or lever;
1. Before you read the passage, talk about these questions.
1.
What should people do when they find a wallet?
2.
What do police do with lost property in your country?
51
Practicing
2. Read the lost/stolen property form. Then, choose the correct
answers.
А)
Why did Brian Holmes file a report?
В)
Ato notify police of stolen property
С)
to collect a reward for lost property
D)
to provide proof of ownership
E)
to report a lost piece of property
1.
What does the man offer to prove he owns the item?
A
a receipt
B
a credit card
C
a telephone number
D
a photograph
2.
Which is NOT included on the form?
A
whether the property is lost or stolen
B
the property’s chain of custody
C
the man’s phone number
D
a description of the property
Choose the correct word for each blank.
1.
property/claim
A
The boys________they found the wallet.
B
The thief was found with stolen_____________.
5.
chain of custody/owner
A
The___________of the purse was angry with the thives.
B
Police must record the ____________of all stolen items that
come into their possession.
6.
receipt/lost
A
To prove the phone belonged to her, Mary produced the
____________.
B
She
dropped
the
ring
into
the
river.
It
was
_____________forever.
5. Complete the word or phrase with the same meaning as the
underlined part.
52
1
Beth sought to be compensated for the stolen property. _e_ _i_
_t_ _ _
2
The person that discovered it returned the wallet to its owner. _
_n_e_
3
The speakers Jordan purchased on the street were taken from
their original owner. _ _r_ _f _ f _ _ _ e_ s_ _ _
Listening
6.
Listen and read the form again. How much money will the
owner give to the person who returns the missing laptop?
7.
Listen to a conversation between an officer and a tourist.
Mark the statements as true (T) of false (F)
1_ The man is reporting a lost bag.
2_ The employees saw a man grab the item.
3_ The man is offering a reward for the item.
8.
Listen again and complete the conversation.
Officer:
Did you ask the museum employees about it?
Citizen:
Yeah, but they didn’t notice anything.
Officer:
Well, we can post it in the Lost and Stolen section of
our website.
1
_______ _______ ________provide
proof of ownership.
Citizen:
I have the original
2
_________and my name is
printed on
the side of it.
Officer:
Okay. We’ll also have to post your
3
__________.
Citizen:
That’s fine The phone number you have will work.
Can you say something about a
4
___________?
Officer:
I can mention it in the
5
____________. How much?
Citizen:
I’ll give sixty dollars to the person
6
______________.
SPEAKING
9. With a partner, act out the roles below based on Task 7. Then,
switch roles.
USE LANGUAGE SUCH AS:
Use Language such as:
Did you ask . . .
53
You will have to . . .
I can mention . . .
Student A:
You have lost something. Talk to Student B about:
•
Where you last saw the item
•
Proof the ownership
•
How to get it back
Student B:
You are a police officer. Talk to Student A about a lost
item.
Writing
9. Use the form report and the conversation from Task 8 to fill out
the lost/stolen property form. Make up an owner’s name. Use today’s
date.
Lost/Stolen Property Form
Name:__________________________________________________
Date Item(s) Went Missing:_______________________________
Location Item(s) last seen:________________________________
Property was: Lost Stolen
Part 2
CRIMINAL PROCEDURE CODE OF THE REPUBLIC OF
UZBEKISTAN CRIMINAL PROCEDURE LAW
Reading
Task 1.
Read the articles 20, 21, 22 and using a dictionary identify the
meaning of underlined words.
Article 20. Language of Criminal Proceedings
Criminal proceedings shall be conducted in the Uzbek or Karakalpak
languages, or in the language of majority of the population of the
respective area
.
54
Participants in criminal proceedings, who do not
have command of
the language of the proceedings in the criminal case or whose command of
the language is not
adequate
, may make statements, give explanations and
testimony,
file motions and complaints, and speak in court in their native
language or another language of which they have command. In such cases,
as well as to get
familiarized
with the criminal case file, the participants
of the proceedings shall be secured with the assistance of an
interpreter/translator in accordance with the procedure set by the law.
Documents of pretrial investigation and court hearing to be delivered
to the
accused
,
defendant
or other participants of the proceedings, shall
be translated into the native language of the participant concerned or into a
language he has command of.
Article 21. Participation of Public in Criminal Proceedings
During criminal investigation and
trial
, an
inquiry officer,
investigator, prosecutor, and court may, within their
jurisdiction
, use
assistance of the public to establish circumstances of an
offense
, search
and
catch an offender
, make a fair judgment, as well as to identify the
causes and
conditions of the crime
.
Representatives of public organizations and groups may participate in
criminal proceedings as public
accusers
and public defenders.
Article 22. Establishment of Issue
An
inquiry officer
, investigator, prosecutor, and court shall establish
the event of crime, the offender, as well as all other relevant issues.
Only the information
discovered,
checked, and evaluated in
accordance with the procedure envisaged by this Code may be used for the
establishment of the issue. Obtaining statements from a suspect, accused,
defendant, victim, witness, and other participants of the proceedings by
means of
violence
,
threats
,
violation
of their rights, and other illegal
treatment shall be prohibited.
All circumstances subject to proof shall undergo thorough,
comprehensive, full, and impartial examination. During investigation and
trial, all issues shall be resolved by establishment and consideration of all
the circumstances, both
incriminating
and
justifying
, as well as
mitigating
and
aggravating.
55
Speaking
Read the articles and answer the following questions:
1)
What do the articles 23, 24 say about?
2)
How will you translate the words and phrases
accused or
defendant, shall be resolved, law enforcement, exhausted, presumed
innocent, doubts arising
in the course
into your mother language?
3)
Can you retell the jist of article № 23 perephrasing it?
Article 23. Presumption of innocence
A suspect, accused, or defendant shall be presumed innocent until
proved guilty of a crime in accordance with the procedure envisaged by
law and ascertained by a court sentence that has taken legal effect.
It shall not be the obligation of a suspect, accused, or defendant to
prove his innocence.
All doubts about the guilt, if possibilities to remove them have been
exhausted, shall be resolved in favour of the suspect, accused, or
defendant. All doubts arising in the course of law enforcement shall be
resolved in favor of a suspect, accused, or defendant as well.
Article 24. Securing Right of Suspect, Accused, or
Defendant to Defense
A suspect, accused, and defendant shall have the right to defense.
It shall be the obligation of an inquiry officer, investigator, prosecutor,
court to secure a suspect, accused, and defendant the right to defense by
expounding him this right and taking measures to ensure that he has a real
opportunity to use all means and ways provided by law to defend himself
of the charge.
Vocabulary practice and writing
Insert the proper words from above given articles.
1)
Criminal proceedings shall be conducted in the Uzbek or
Karakalpak languages, or in the language of majority of the population of
the
2)
Participants in criminal proceedings, who do not have
……………….of the language of the proceedings in the criminal case or
whose command of the language is not ………………., may make
statements, give explanations and ………………….
,
file motions and
complaints, and speak in court in their native language or another language
of which they have command.
56
3)
In such cases, as well as to get ……………………. with the
criminal case file, the participants of the proceedings shall be secured with
the assistance of an interpreter/translator in accordance with the procedure
set by the law.
4)
Documents of pretrial investigation and court hearing to be
delivered to the ………………, …………………… or other participants
of the proceedings, shall be translated into the native language of the
participant concerned or into a language he has command of.
5)
During criminal investigation and ……………….., an
…………………… ……………..
,
investigator, prosecutor, and court
may, within their …………………, use assistance of the public to
establish
circumstances
of
an
…..…………….,
search
and
…………………. offender, make a fair judgment, as well as to identify
the causes and …………………….. of the crime.
6)
Representatives of public organizations and groups may
participate in criminal proceedings as public ………………….. and public
defenders.
7)
An ……………………….officer, investigator, prosecutor, and
court shall establish the event of crime, the offender, as well as all other
relevant issues.
8)
Only the information ……………………….
,
checked, and
evaluated in accordance with the procedure envisaged by this Code may be
used for the establishment of the issue. Obtaining statements from a
suspect, accused, defendant, victim, witness, and other participants of the
proceedings
by
means
of
…………………..,
………………,
…………………of their rights, and other illegal treatment shall be
prohibited.
9)
All circumstances subject to proof shall undergo thorough,
comprehensive, full, and impartial examination.
10)
During investigation and trial, all issues shall be resolved by
establishment and consideration of all the circumstances, both
………………………. and ……………….., as well as ……………. and
………………. .
57
Homework
CRIMINAL CODE
OF THE REPUBLIC OF UZBEKISTAN
Read the following articles, translate them into mother tongue,
identify the defenition of the words in bolt, learn the new words, retell
the meaning
Article 19. Liability for
Crime Committed while
Intoxicated
A person, who committed a crime being under
intoxication
by
alcohol,
narcotic
, or psychotropic or other substances affecting human
intellect and will, shall not be
discharged
from criminal liability. Such a
condition may not be taken as a ground for recognizing the person as
insane.
Article 20. Types of Guilt
A person, who intentionally or unintentionally committed a socially
dangerous act envisaged by this Code, may be recognized guilty.
Article 21. Intentional Crime
A crime, completion of which is determined by an Article of this Code
as a moment of
execution
of a socially dangerous act, shall be recognized
intentional, if a person, who committed it,
was aware
of its dangerous
nature and desired its commission.
A crime, completion of which is determined by an Article of this
Code
as a moment of emergence of socially dangerous consequences, may
be committed with a direct or indirect intent.
A crime shall be recognized as committed with a direct intent, if a
person who committed it, was aware of its socially dangerous
consequences
and desired their emergence.
A crime shall be recognized as committed with an indirect intent, if a
person who committed it, was aware of its dangerous nature and of its
socially dangerous consequences and
intentionally allowed
their
emergence.
Article 22. Reckless Crime
A socially dangerous act committed by presumption or
carelessness
shall be recognized as a reckless crime.
58
A crime shall be recognized as committed by
presumption
, if a
person who committed it, foresaw a possibility of emergence of socially
dangerous and legally punishable consequences of his behavior, and,
consciously
ignoring
proper precaution, groundlessly presumed that such
consequences would not emerge.
A crime shall be recognized as committed by carelessness, if a person
who committed it, did not foresee a possibility of emergence of socially
dangerous and
legally punishable
consequences of his behavior, though
he should have to and could have foreseen them.
Article 23. Compound Guilt
In the instance if, in result of commission of an intentional crime, the
person, who committed it detriments
recklessly
other socially dangerous
consequences causing stricter liability under law, such a crime shall be
recognized as committed
intentionally.
Article 24. Innocent Harm
An act shall be recognized as committed by innocence, if a person,
who committed it, was not aware of, should not have not to and could not
have realized a socially dangerous nature of his act, or did not foresee
socially
dangerous
consequences
thereof,
and,
according
to
circumstances
of the case, should not have to and could not have
foreseen
them.
59
UNIT 7
Reading
Detention centers
Guidelines
for
Handling
new
Prisoners.
All
detention center
officers
must adhere to these
guidelines
when
handling
new
prisoners
. Municipal
police departments will deliver arrestees
who have not posted bond to our facility.
Once here, we register them as
inmates
at
the Processing desk.
There, they must remove all of their
possessions
and hand them over for storage. Possessions will be
returned when an inmate leaves this
facility
. At this time , officers must
search the inmate for
contraband
as well. All such items are to be
confiscated immediately and reported to the warden’s office. The prisoner
is only permitted to use the toilet after this search is complete. This is to
prevent him from disposing of contraband. Following the search, the
prisoner is issued an orange jump suit with his prison ID number on it. He
will also receive standard issue footwear and underwear. After processing,
two officers will escort the inmate to his cell. Cells are assigned at the
Processing Desk. Should the inmate exhibit violent behavior or attempt to
escape at any time, restrain him immediately. Then lock him in a
temporary holding room until he can be evaluated by the warden’s staff.
Vocabulary
guideline
-
a general
rule,
principle, or piece of advice;
handling -
the act of taking or
holding
something
in
the
hands;the packaging and labeling
of something to be shipped;
adhere -
(usually foll by to)stick or
hold fast;
prisoner -
the process by which a
commodity is packaged,
transported, etc;
detention center
an institution
where people are held in detention
for short periods, in particular
illegal
immigrants,
refugees,
people awaiting trial or sentence,
or youthful offenders;
municipal
- relating to a town or
district or its governing div;
possession
1.- the state of having,
owning, or controlling something;
2. visible power or control over
60
something, as distinct from lawful
ownership; holding or occupancy
as
distinct
from
ownership;
damage, or kill someone or
something;
escape
break free from
confinement or control;
restrain -
to hold (someone) back
from some action, esp by force;
warden -
a prison governor;
cell -
a small room in which a
prisoner is locked up or in which a
monk or nun sleeps;
exhibit -
a
document or other object produced
in a court as evidence;
violent -
using or involving
physical force intended to hurt,
ID number -
the action or process
of
identifying
someone
or
something or the fact of being
identified by number;
contraband -
goods that have
been
imported
or
exported
illegally;
deliver -
the action of delivering
letters, parcels, or goods and
arrestees;
arrestee -
a person who has been
or is being legally arrested;
post -
announce or publish
something;
bond -
physical restraints used to
hold
someone
or
something
prisoner, esp. ropes or chains;
facility -
a special feature of a
service or machine, which offers
the opportunity to do or benefit
from something;
register -
an official list or record
of names or items;
storage -
the action or method of
storing something for future use;
escort -
one or more persons,
soldiers, vehicles, etc.,
accompanying another or others
for protection, guidance, restraint,
or as a mark of honor
Speaking
1. Before you read the passage, talk about these questions.
1.
What happens after a person is arrested?
2.
How are prisoners treated in your country?
Practicing
2.
Read the notice stating a detention center’s guidelines. Read
the summary. Then, fill in the blanks with the correct words from the
word bank.
Belongings illegal items staff prison garb inmates
Process a new prisoner immediately on his arrival and collect all of
his 1________. Then perform a complete search and confiscate any
61
2_________. Issue 3_________ before guards take the inmate them to his
cell. Restrain problematic 4___________ right away.
5___________must evaluate such arrestees immediately.
Vocabulary practice
3.
Match the words (1-6) with the definitions (A-F)
1__ prisoner 4__escape
2 __lock 5__escort
3__violent 6__arrestee
A
intending to harm others
B
to walk with someone
C
a person in a detention center
D
to prevent a thing from opening
E
a person charged with a crime
F
to get of confinement
4. Read the sentence pairs. Choose where the words best fit in the
blanks.
1 cell/toilet
A
Prisoner’s use of the ______is restricted.
B
A prisoner must remain in his_________.
2 bond/contraband
A
Your_______is set at $1 million.
B
Guards should search for________.
Listening
5.
Listen and read the notice again. What happens to
prisoners who resist when they enter a detention centre?
6.
Listen to a conversation between an officer and an arrestee.
Choose the correct answers.
1
Why was the woman arrested?
A
selling illegal drugs
B
getting into a fight
62
C
theft of private property
D
public intoxication
2
What is true of the officer?
A
He was the officer who arrested the woman?
B
He will not take the woman to her cell
C
He has processed this woman before
D
he does not know the woman’s crime
Listening and writing
7.
Listen again and complete the conversation.
Officer:
You have been charged with drunken and disorderly
conduct.
Arrestee:
I want to call my lawyer now.
Officer:
Ma’am, you will have a chance to do that one once we
finish processing you .
Arrestee:
You can’t do this to me. You are violating my rights.
Officer:
Ma’am, I need to take your
1
________at this time.
Arrestee:
And I need to go to the toilet now.
Officer:
You will be able to use the toilet when take officers arrive
to escort you to the
2
_____________.
Arrestee:
I can’t wait until then. So just let me go now, okay?
Officer:
Ma’am, let me repeat what I said. You need to wait until
the officers can
3
___________you.
Arrestee:
Can’t you please just let me go now? I don’t feel very well.
Officer:
No.
4
_____________.
Arrestee:
Whatever.
Officer:
So, let’s continuous where we
5
________________.
Arrestee:
Fine, let’s
6
_____________.
Speaking
8.
With a partner, act out the roles below based on Task 7.
Then, switch roles.
USE LANGUAGE SUCH AS:
Use Language such as:
You have been charged . . .
You’ll have a chance to. . .once . . .
That’s final . . .
63
Student A:
You are an arrestee at a police station.
Make request to Student B to:
Call a lawyer
Use the bathroom
Student B:
You are a police officer. Process Student A and refuse any
requests.
Writing
9. Use the conversation from Task 8 to fill out an arrestee intake
form. Make up a name and charges for the prisoner.
Intake Form
Name:_________________________
Charges:_______________________
Request:_______________________
Behavior:______________________
Part 2
CRIMINAL PROCEDURE CODE OF THE REPUBLIC OF
UZBEKISTAN
CRIMINAL PROCEDURE LAW
Reading
Task 1.
Read the articles 25, 26 and using a dictionary identify the
meaning of underlined words.
64
Article 25. Adversarial Proceeding at Court
Proceedings in court of first instance and in higher courts shall be
conducted on the basis of parties’ adversarial setting.
A prosecution,
defense, and adjudication shall be separated from one
another during proceedings, and may not be assigned to the same agency
or official.
Proceedings in court of first instance shall be started only upon
submission
of an indictment or resolution on referring a case to the court
for applying compulsory medical measures.
State and public accusers, defendant,
legal representative
of a
juvenile defendant, defense counsel, public defender, as well as a victim,
civic plaintiff,
civic defendant
, and representatives thereof, shall
participate in proceedings as parties and enjoy equal rights to produce
evidences, participate in their examination, file motions, express their
opinion on any matter being significant for the correct resolution.
A court shall not act for the prosecution or the defence, and shall not
represent their interests.
(As amended by the Law of 14.12.2000).
The court, being objective and
impartial
, shall provide necessary
conditions to the parties to perform their
procedural obligations
and
enjoy their rights.
(As amended by the Law of 14.12.2000)
Article 26. Direct and Oral Examination of Evidences
When conducting criminal
proceedings
, an
inquiry officer
,
investigator,
prosecutor
, and court shall directly examine the evidences
by: questioning suspects, accused,
defendants
, victims, and
witnesses;
hearing expert opinions; view of physical evidence; reading out official
records and other documents. This rule may be
exempted
only in special
cases envisaged by this Code.
A court shall adjudicate only on the basis of the evidences examined
during a court session.
Speaking
Read the articles and answer the following questions:
1)
What does the articles 27 say about?7
2)
How will you translate the words and phrases
defence counsel,
civic plaintiff, protest, cassation,
civic plaintiff, civic defendant, legal
representatives,
pursuant, protests against sentences
into your mother
language?
3)
Can you retell the jist of article № 28 perephrasing it?
65
Article 27. Right to Bring Complaint against Procedural Actions
and Decisions
Participants of the proceedings and other persons, as well as
representatives of the enterprises, institutions, and organizations interested
in the proceedings, shall have the right to complain against the procedural
actions or decisions of an inquiry officer, investigator, prosecutor, judge,
and court, in accordance with this Code.
The convicted or acquitted person, his defence counsel, legal
representative, as well as the victim, civic plaintiff, civic defendant, legal
representatives thereof, have a right to complain, and the prosecutor have a
right to file a protest, on the ruling (or finding) of the court of first instance
to courts of appeal or cassation.
(As amended by the Law of 14.12.2000).
Filing motions and complaints shall be allowed at any stage of the
procedure.
(As amended by the Law of 14.12.2000).
Article 28. Court
Trial on criminal cases in the Republic of Uzbekistan shall be
conducted by: the Supreme Court of the Republic of Uzbekistan, the
Supreme Court of the Republic of Karakalpakstan for Criminal Justice, the
regional, Tashkent city and district (city) court on criminal cases, and
military courts.
A court of first instance may render sentence and finding on a
criminal case. The court of cassation shall examine criminal cases pursuant
to complaints or protests against sentences or findings by courts of first
instance that have not taken legal effect, and render findings. The court of
supervision shall examine cases pursuant to protests against the sentences
and findings that have taken legal effect, and render resolutions or
findings.
(As amended by the Law of
14.12.2000).
Vocabulary practice and writing
Insert the proper words from above given articles.
1)
Proceedings in court of first instance and in higher courts shall
be conducted on the basis of parties’ adversarial setting
…………………..
,
defense, and adjudication shall be separated from one
another during proceedings, and may not be assigned to the same agency
or official.
66
2)
Proceedings in court of first instance shall be started only upon
……………………. of an indictment or resolution on referring a case to
the court for applying compulsory medical measures.
3)
State and public accusers, defendant, legal …………………..
of a juvenile defendant, defense counsel, public defender, as well as a
victim, civic plaintiff, ……………… defendant, and representatives
thereof, shall participate in proceedings as parties and enjoy equal rights to
produce evidences, participate in their examination, ………….. motions,
express their opinion on any matter being significant for the correct
resolution.
4)
A court shall not act for the prosecution or the defence, and
shall not represent their interests.
(As ………………….. by the Law of
14.12.2000).
5)
The court, being objective and ……………………….. , shall
provide necessary conditions to the parties to perform their
……………….. ……………… and enjoy their rights.
(As amended by the
Law of 14.12.2000)
6)
When conducting criminal ………………., an inquiry officer,
investigator, …………………., and court shall directly examine the
evidences by: questioning
suspects, accused,
……………….., victims, and ……………….
;
hearing expert
opinions; view of physical evidence; reading out official records and
other documents.
7)
This rule may be …………………………only in special cases
envisaged by this Code.
8)
A court shall adjudicate only on the basis of the evidences
examined during a court ………………….
Homework
CRIMINAL CODE
OF THE REPUBLIC OF UZBEKISTAN
Read the following articles, translate them into mother tongue,
identify the defenition of the new words, learn them, retell the
meaning.
Article 25. Preparation for Crime and Criminal
Attempt
The actions establishing conditions for commission or concealment of
intentional crime interrupted before the commission thereof due to
67
circumstances not depending of a committer shall be recognized as
preparation for crime.
The beginning of commission of an intentional crime uncompleted
due to circumstances not depending of
a committer
, shall be recognized
as criminal attempt.
Liability for preparation for a crime and a criminal attempt
shall be
charged
in accordance with the same Article of the Special Part of this
Code, as for a completed crime.
Article 26. Voluntary Renunciation
Discontinuance of preparations for or commission of a crime, in the
instance if a person preparing or committing thereof realized his ability to
complete it, as well as
prevention
of criminal consequence, if the person
realized the possibility of its emergence, shall be recognized as voluntary
renunciation.
Voluntary renunciation shall be a valid defense.
A person,
voluntary renouncing
from completion of the crime, shall
be liable under this Code, in the instance if the actual act committed by
him contains all elements of another corpus delicti.
Article 27. Notion of Criminal Complicity
Criminal complicity shall be intentional commission of a crime by at
least two persons.
Article 28. Types of Accomplices
Accomplices shall be committers of the crime as well as heads for,
and
instigators
and helpmates thereof.
Committer shall be a person who, in part or in full, committed a crime
alone or using other persons, which are not liable under this Code, or by
other means.
Head for crime shall be a person who directed
preparation
and
commission of the crime.
Instigator shall be a person who
tempted
somediv to commission of
a crime.
Helpmate shall be a person who assisted commission of a crime with
advices, directions, providing with tools or removing
obstacles
, as well as
who promised in advance to
conceal
a criminal or objects obtained
illegally or promised to
purchase
or distribute them.
68
UNIT 8
Part 1
Reading
Investigation of crime
One of the main
duties
of a police officer
is not only to
prevent
crime
but to take active
measures
to
detect
the
offender
that is to
identify
, locate and
apprehend
the
suspect
or
criminal
.
Accurate and quick
solution
of crimes
depends on special training, education and
selection of police officers, on their stering
special methods and forms of fighting against
criminality
. And for this reason there is a
Criminal Investigation Department
in every police force in Great
Britain. Criminal Investigation Department takes a special
responsibility
for the
investigation
and proper solution of crimes in addition to many
other duties performed by the police.
When the investigating officer arrives at the crime scene he examines
the scene very carefully before he touches and disturbs anything. He
usually takes pictures of the scene and its objects and makes a plan on
which he records the position of any
trace
. Then he carries out a
systematic and accurate examination of all the
evidence
gathered. It is
important to do this examination carefully, unhurriedly and methodically
so as not to overlook any evidence, disturbed or not fully recorded. All the
evidence at the crime scene must be found, collected and protected. This
crime scene search has three purposes. First, it makes possible to
reconstruct the happening and to make the conclusions of the criminal’s
movements and tactics. The investigator is in a strong position when he
interviews suspects. Secondly, the investigator may discover the criminal’s
modus operandi
which gives the possibility to identify him. Thirdly, the
collection, recording and identification of any material and traces assists
him in choosing a line of investigation or in helping to identify a suspect
or in finding other evidence.
69
Vocabulary
solution -
a means of solving a
problem or dealing with a difficult
situation;
criminality -
a criminal
act or practice;
responsibility -
the state or fact of
having a duty to deal with
something or of having control
over someone;
investigation -
the action of
investigating
something
or
someone; formal or systematic
examination or research;
trace -
find or discover by
investigation;
evidence -
the available div of
facts or information indicating
whether a belief or proposition is
true or valid;
modus operandi -
a particular
way
or
method
of
doing
something;
Criminal
Investigation
Department
-
the
detective
division of a police force;
duty -
a moral or legal obligation;
a responsibility;
prevent -
stop (someone) from
doing something;
crime -
an action or omission
which constitutes an offence and is
punishable
by
law;
illegal
activities;
measure -
ascertain the size,
amount, or degree of (something)
by using an instrument or device
marked in standard units;
detect -
discover or investigate (a
crime or its perpetrators);
offender -
an offender is a person
who has committed a crime;
identify -
establish or indicate who
or what (someone or something)
is;
apprehend -
arrest (someone) for
a crime;
suspect -
a person thought to be
guilty of a crime or offence;
criminal -
a person who has
committed
a
crime
Practicing
1.
Translate into Uzbek or Russian:
act-active –
prevent-preventive-prevention
educate-educative-education
add-addition
examine-examination
collect-collection-collected
identify-identification
conclude-conclusion
train-training
70
master-mastering
fight-fighting
system-systematic
method-methodical-methodically
construct-reconstruct
move-movement
Speaking
2.
Answer the question:
1.
What are the main duties of a police officer?
2.
What does accurate and quick solution of a crime depend on?
3.
What does the Criminal Investigation Department take a special
responsibility for?
4.
What are the duties of the investigating officer at the crime
scene?
5.
What are the purposes of the crime scene search?
Part 2
CRIMINAL PROCEDURE CODE OF THE REPUBLIC OF
UZBEKISTAN
CRIMINAL PROCEDURE LAW
Reading
Task 1.
Read the articles 29, 30, 31 and using a dictionary identify the
meaning of underlined words.
Article 29. Powers of Court
A court shall
be empowered
: to prepare a case for
trial hearing
; to
examine the case and render sentence or another finding; to consider the
case at the court of
appeal,
or
cassation,
or supervision; to request
enforcement of the sentence.
(As
amended
by the Law of 14.12.2000).
In addition to the aforementioned, higher courts, within their
competence, shall
supervise
lower courts.
Article 30. Judge and People’s Assessors
The criminal procedure shall be conducted by the judge and people’s
assessors
appointed or elected to the
composition
of the court.
71
Article 31. Powers of Judge
A judge acting in
one-judge proceeding
or in multiple-member court
shall have power envisaged by Article 29 of this Code. Besides, the judge
shall participate in preparation of the case for the
trial,
preside at the
court
session
, and have other rights and duties
envisaged
by this Code.
Speaking
Read the articles and answer the following questions:
1)
What do the articles № 32, 33 say about?
2)
How will you translate the words and phrases
general
prosecutor
precise
enforcement,
inquiry,
rectify
violations,
notwithstanding, accountable, general prosecutor
into your mother
language?
3)
Can you retell the jist of article 33 perephrasing it? Ask two
questions from article № 32 from your peer.
Article 32. Secretary of Court Session
A secretary of court session shall be authorized by the presiding judge
to file the case for the court session; to notify the participants about the
time and venue thereof; to check the appearance of the participants in the
court; to ascertain the reasons for the absence and report to the court
thereof; to keep the records; to fulfill other requests of the presiding judge
on the preparation and conduct of the court hearing.
A secretary is obliged to enter, thoroughly and properly, in the official
record the actions and findings of the court, as well as the actions,
statements, motions, testimonies of the participants.
Article 33. Prosecutor
The General Prosecutor of the Republic of Uzbekistan and the lower
prosecutors shall conduct the oversight of the precise and uniform
enforcement of the laws of the Republic of Uzbekistan during inquiry and
pretrial investigation.
During inquiry and pretrial investigation, a prosecutor shall timely
rectify violations of law, notwithstanding the personality causing these
violations.
A prosecutor shall perform his powers independently from any
agencies and officials, being accountable to the law only and instructed by
the General Prosecutor of the Republic of Uzbekistan.
72
Vocabulary practice and writing
Insert the proper words from above given articles.
1)
A court shall …………………. to prepare a case for
…………………….; to examine the case and render sentence or another
finding; to consider the case at the court of ……………….
,
or
……………….
,
or supervision; to request enforcement of the sentence.
(As amended by the Law of 14.12.2000).
2)
In addition to the above mentioned, higher courts, within their
competence, shall ………………… lower courts.
3)
The criminal procedure shall be conducted by the judge and
people’s ………………… appointed or elected to the ………………….
of the court.
4)
A judge acting in …………………. proceeding or in
multiplemember court shall have power envisaged by Article 29 of this
Code.
5)
Besides, the judge shall participate in preparation of the case
for the ……………….
,
preside at the ………………, and have other
rights and duties ………………. by this Code.
6)
A secretary of court session shall be authorized by the presiding
judge to file the case for the court session; to notify the participants about
the time and …………. thereof; to check the appearance of the
participants in the court; to ascertain the reasons for the absence and report
to the court thereof; to keep the records; to fulfill other requests of the
presiding
judge
on
the
preparation
and
conduct
of
the
court………………...
7)
A secretary is obliged to enter, thoroughly and properly, in the
official record the actions and findings of the court, as well as the actions,
statements, motions, ………………..of the participants.
8)
The ……………… Prosecutor of the Republic of Uzbekistan
and the lower prosecutors shall conduct the oversight of the precise and
uniform enforcement of the laws of the Republic of Uzbekistan during
inquiry and pretrial………………….
9)
During inquiry and pretrial investigation, a prosecutor shall
timely rectify ………………..of law, notwithstanding the personality
causing these violations.
10)
A
prosecutor
shall
perform
his
…………………..
independently from any agencies and officials, being accountable to the
law only and instructed by the General Prosecutor of the Republic of
Uzbekistan.
73
Homework
CRIMINAL CODE
OF THE REPUBLIC OF UZBEKISTAN
Read the following articles, translate them into mother tongue,
identify the defenition of the new words in bolt, learn them, retell the
meaning
Article 29. Forms of Complicity
Forms of complicity shall be, as follows: simple complicity,
compound complicity, an organized group, and a criminal community.
Simple complicity shall be participation of two or three persons in
commission of a crime without a previous concert.
Compound complicity shall be participation of two or three persons in
commission of a crime by previous concert.
Organized crime group shall be a previous association of at least two
people into a group for a joint criminal activity.
Criminal community shall be a previous association of at least two
groups for criminal activity.
Article 30. Limits of Liability for Complicity
Heads for crime, instigators and helpmates shall be subject to liability
under the same Article of the Special Part of this Code, as committers.
Heads for crime, as well as members of a criminal group organized by
previous concert, organized criminal group, or criminal community, shall
be subject to liability for all crimes, of which preparation or commission
they participated.
Persons who established an organized group or criminal community,
or directed thereof, shall be subject to liability for all crimes, in
preparation or commission of which they participated.
For commission of an act, which is out of intent of other accomplices,
criminal liability shall be incurred only by a person committed thereof.
Voluntary renunciation of a head for crime, instigator, or helpmate
shall discharge from liability for complicity, if he took all timely measures,
which he was in position to take, for prevention of the commission of the
crime.
74
Article 31. Criminal Affiliation
Misprision to authorities of preparation, commission, or completion of
a crime, not promised in advance, shall be subject to liability only in the
instances envisaged by Article 241 of this Code.
Concealment of a criminal, tools and instruments, or traces of crime,
as well as illegally obtained objects shall be subject to liability only in the
instances envisaged by Article 241 of this Code.
Close relatives shall not be subject to liability for misprision of a
crime not promised in advance and concealment.
Part 3
CRIMINAL PROCEDURE CODE OF THE REPUBLIC OF
UZBEKISTAN CRIMINAL PROCEDURE LAW
Reading
Task 1.
Read the articles № 34, 35, 36 and translate them into your
mother tongue.
Article 34. Powers of Prosecutor
A
prosecutor
, during inquiry and pretrial investigation, shall be
authorized with powers envisaged by Articles 243, 382-388, 558 of this
Code.
During court proceedings, the prosecutor shall
have
powers
as
envisaged by Article 409 of this Code.
Article 35. Investigator
Pretrial criminal investigation shall be conducted by investigators of
prosecutor’s office
,
internal affairs
agencies, and
national security
service
.
Article 36. Powers of the investigator
An investigator shall be
empowered
to: initiate and discontinue the
criminal case, or refuse its initiation; detain and interrogate a suspect;
conduct investigation prescribed by this Code; prosecute a person as an
accused and impose to him measures of restraint; give written orders to the
inquiry agencies on
detection
and investigative actions on the case under
his jurisdiction; require assistance from the inquiry agencies in conducting
certain investigative actions.
The investigator shall render all
resolutions
concerning the course
and conduct of the investigation independently, except when the sanction
of the prosecutor is envisaged by law.
75
The investigator shall be entitled to present a case to a higher
prosecutor with a written statement of his objections in the instance of a
disagreement
with the prosecutor’s decisions or instructions concerning
prosecuting a person as a defendant, classification of the
offense
, and a
scope of a charge, the imposition of detention as a measure of restraint,
forwarding a case
to court or the
dismissal of a case
, or remanding
criminal cases with instructions to conduct additional investigation. A
higher prosecutor shall either overturn the orders of a lower prosecutor or
refer the case to another investigator.
(As amended by the Law of
29.08.2001)
.
Written orders and resolutions of the
investigator
issued in
accordance with the law on the cases under his
jurisdiction
shall be
legally binding for all enterprises, institutions and organizations, officials,
and individuals.
Speaking
Read the articles and answer the following questions:
1)
What do the articles № 37 say about?
2)
How will you translate the words and phrases
a head of
investigation, conduct of clearance, prevention of crimes, subordinate
investigators, impartiality of pretrial, division, to review case files, a
scope of a charge, to transfer the case from one investigator to another; to
assign the case, bearing the competence, binding, suspend execution
into
your mother language?
3)
Can you retell the jist of article № 37 perephrasing it? Ask two
questions from your peer.
Article 37. Powers of Head of Investigation Department,
Division, Section, Group, and of His Deputy
A head of investigation department, division, section, group, and his
deputy shall supervise the timely conduct of clearance and prevention of
crimes by subordinate investigators, and secure thoroughness and
impartiality of pretrial investigation.
The head of the investigation department, division, section, group, and
his deputy are empowered: to review case files, to instruct the investigator
on pretrial investigation, prosecution of a person as a defendant,
classification of the crime and a scope of a charge, course of the
investigation and on certain investigative actions; to transfer the case from
one investigator to another; to assign the case to one investigator or a
76
group thereof; to participate in the pretrial investigation and to conduct it
in person bearing the competence of the investigator.
Instructions of the head of the investigation department, division,
section, group, and of his deputy regarding a criminal case shall be issued
in writing and be binding.
Filing a complaint against such instructions with the prosecutor shall
not suspend execution thereof, except in the cases provided by paragraph 3
of Article 36 of this Code.
Homework
CRIMINAL CODE
OF THE REPUBLIC OF UZBEKISTAN
Read the following articles, translate them into mother tongue,
identify the defenition of the new words in bolt, learn the new words,
retell the meaning
Article 32. Repeated Crime
Repeated crime shall be
non-simultaneous commission
of at least
two crimes envisaged by the same Paragraph, Article, or. in the instances
specially envisaged by this Code, by different Articles of the Special Part,
for commission of which a person has not been convicted. Completed
crimes and punishable preparations for and attempts on a crime, as well as
crimes committed by accomplice ship, shall be recognized as repeated
crimes.
A crime shall not be recognized as repeated, if a person has previously
been
discharged
from liability or penalty for the same act.
A series of the same criminal acts commonly intended and aimed at
one result shall be recognized as one continuous crime and not as repeated
one.
A continuous
neglect
of duties characterizing corpus delicti of one
continuous crime shall not be recognized as repeated crime.
Article 33. Cumulative Crime
Cumulative crime shall be commission of at least two criminal acts
envisaged by different articles of, or by different Paragraphs of the same
Article of the Special Part of this Code, for commission of which the
person, being subject to
liability,
has not been convicted.
77
If an act committed by a person contains elements of crimes envisaged
by different Paragraphs of the same article of the Special Part of this Code,
a person shall be subject to liability under the Article envisaging the most
serious penalty.
Article 34. Recidivism
Recidivism shall be a commission of a new intentional crime by a
person already convicted thereof.
Dangerous recidivism shall be commission of the same
intentional
crime, for which a person has been already convicted, and in cases
specially mentioned in the Code – envisaged by other articles of the
Special Part.
A special dangerous recidivism shall be commission of new
intentional crime by a person already
convicted
thereof on imprisonment
from five years:
a)
for a specially serious crime, if the person has been already
convicted once for a specially serious or twice for serious crimes and has
been sentenced to at least a five-year imprisonment;
b)
for serious crime, if the person has been already twice
convicted
for a serious and specially serious crime and for each of them
has been sentenced to at least a five-year imprisonment.
A person may be recognized as a special dangerous recidivist by a
court sentence.
When considering an issue of
recognition
of a person as a special
dangerous recidivist, convictions by foreign courts may be taken into
consideration
as well.
When considering an issue of recognition of a person as a special
dangerous recidivist, convictions by courts for crimes committed by the
person under the age of eighteen, as well as withdrawn or cancelled
convictions in the procedure established by law, shall not be taken into
consideration.
Articles of the Special Part of this Code envisaging liability for crimes
committed by special dangerous recidivists shall be applied in the
instances when a person had been recognized in accordance with the
procedure established by law as a special dangerous
recidivist
before the
commission of the crime in question.
78
UNIT 9
Reading
Making an arrest
Arrests can be made under several
circumstance
s. An officer may arrest
someone when:
1.
He has possession of an arrest
warrant
.
2.
He
witnesses
someone
committing a crime.
3.
He has identified probable
cause
.
When he stops a suspect, a police officer has the right to ask for
identification. The officer can ask the suspect for his name, address,
license and an explanation of his actions. Note that the suspect is not
require
d by law to provide any of this information.
Police officer have the right to
frisk
or
pat down
suspects when they
believe their personal safety may be at risk. Officers have the right to
confiscate
drug
s, weapons or stolen items during a search. The
aforementioned
items also provide cause for arrest.
When placing a suspect under arrest, the officer should advise the
suspect of his rights. A more complete search of the suspect for weapons
or other dangerous objects should be conducted. Then, an officer should
handcuff
the suspect. If the suspect resists any means within reason may
be used to
subdue
the suspect.
Please note: When
juvenile
s are arrested, their parents must be
notified immediately. Oftentimes juveniles and mentally ill persons can be
dealt with informally. Never arrest someone when a warning would be as
effective.
Vocabulary
circumstance -
a fact or
condition connected with or
relevant to an event or action;
an event or fact that causes or
helps to cause something to
happen, typically something
undesirable;
warrant -
a document issued
by a legal or government
official authorizing the police
or some other div to make an
79
arrest, search premises, or carry
out some other action relating
to the administration of justice;
cause -
a person or thing that
gives
rise
to
an
action,
phenomenon,
or
condition;
require -
need for a particular
purpose; depend on for success
or survival;
frisk -
(of a police officer or
other official) pass the hands
over (someone) in a search for
hidden weapons, drugs, or
other items;
pat down -
pass the hands over
(someone) in a search for
hidden weapons, drugs, or
other items;
confiscate -
take or seize
(someone's
property) with
authority;
drug -
a substance that has a
physiological effect
when
ingested
or
otherwise introduced into the
div, in particular;
aforementioned -
(chiefly in legal
documents) stated or mentioned
before or already;
handcuff -
a
pair of lockable linked metal rings
for securing a prisoner's wrists;
subdue -
overcome, quieten, or
bring under control (a feeling or
person);
juvenile -
for or relating to young
people;
guilty -
culpable of or responsible
for
a
specified
wrongdoing
Speaking
1. Before you read the passage, talk about these questions.
1.
What guidelines must police follow when making arrests in
your country?
2.
How do police address crimes committed by people who are
not yet adults?
Practicing
2.
Read the page from a police manual. Then, mark the
statements as true (T) or false (F).
1__Suspects do have to supply identification when asked by an
officer.
2__Officers can use any reasonable means to arrest a resisting suspect.
3__Juveniles’ parents must be notified before an arrest.
Practicing vocabulary
Match the words (1-7) with the definitions (A-G).
80
1__rights 5__parobable cause
2__witness 6__arrest warrant
3__under arrest 7__personal safety
4__pat down
A
reason to believe a crime was committed
B
to be in police custody
C
freedoms designated by the law
D
to check someone for weapons or drugs
E
to hear or see a crime being committed
F
the well-being of an individual
G
a document that allows an arrest to be made
4. Fill in the blanks with the correct words and phrases from the
word bank.
frisked advised resisted cause mentally ill juvenile handcuffed
1
The officer ______________the man for weapons.
2
The man_________________arrest until the officer handled him
more aggressively.
3
A(n)_________________person may not understand that he has
committed a crime.
4
The officer_________________the woman’s wrists.
5
Police notified the _____________’s parents of her arrest.
6
The officer____________the man of his rights.
7 Seeing a suspect commit a crime is _______________for arrest.
Listening
5.
Listen and read the manual again. When are officers
allowed to search someone?
6.
Listen to a conversation between a police officer and a
juvenile suspect. Choose the correct answers.
1.
What is the purpose of the
conversation?
A
to determine if the girl is guilty
B
to place the girl in police custody
C
to give the suspect a warning
D
to find where stolen property is
81
2.
What is
true of the
suspect?
A She is innocent.
B
She is going to jail.
C
She has not been searched.
D
She will be charged with resisting arrest.
7. Listen again and complete the conversation.
Officer:
Let me explain to you why you’re being arrested. You’re
1
_____________ for breaking into a hotel room.
Suspect:
I didn’t
2
_______________. I’m staying at the hotel.
Officer:
Several guests witnessed you breaking a window to get in.
Suspect:
3
______________That window was already broken.
Officer:
A guest also reported several things missing from her room.
Suspect:
You can’t prove that I took anything.
Officer: 4
_____________. Another officer is on her way to
5
______________. If she finds those items, we’ll also charge you with
theft. So at this point,
6
______________ to just cooperate and put your
hands
behind your back. I don’t want to add
7
________________to your charges.
Speaking
8. With a partner, act out the roles below based on Task 7. Then,
switch roles.
USE LANGUAGE SUCH AS:
You’re under arrest for . . .
Several guests witnessed. . .
I advise you to . . .
Student A:
You are a police officer Talk to Student B about:
•
the law s/he broke
•
that s/he is being arrested
Student B:
You are being arrested. Make claims that you are not guilty.
Writing
9. Use the conversation in Task 8 to write a police report. Talk about:
•
the crime evidence
•
the suspect’s reaction
•
what he or she was told
82
Part 2
CRIMINAL PROCEDURE CODE OF THE REPUBLIC OF
UZBEKISTAN CRIMINAL PROCEDURE LAW
Reading
Task 1.
Read the articles 58, 59, 60 and using a dictionary identify the
meaning of underlined words.
Article 58. Civil Respondent
A person,
enterprise,
institution, or agency, liable for the damage
caused by an accused or by a criminally insane person, may be engaged in
proceedings as a civil respondent. An
inquiry officer
, investigator, or
prosecutor shall render a resolution to
engage
a physical or legal person as
a civil respondent, and the court shall
render
a finding to that effect.
Article 59. Rights and Obligations of Civil Respondent
A civil plaintiff shall have a right: to know the nature of the charges
and the civil suit; to raise objections to the suit; to give explanations on the
suit; to have a representative appearing for his interests; to introduce
evidence; to file motions and challenges; to get familiarized, upon pretrial
investigation, with the whole case file and copy out required information
thereof; to participate in the hearings of the court of the first, review, and
supervisory instances
; to complain against the procedure or decision of
the inquiry officer, investigator, prosecutor, and court; to challenge the
sentence and the finding of the court in the part relating to the civil suit; to
be informed of any protests and complaints on the case, and to object
them.
(As
amended
by the Law of 14.12.2000)
.
A civil
plaintiff
shall be obliged: to appear upon summons of an
inquiry officer, investigator,
prosecutor,
and court, and to introduce, upon
their request, the evidence relating to the civil suit; not to
impede
establishment of the issue by destruction or
forgery
of evidences, by
persuasion
of witnesses and by other illegal acts; to obey the order during
the investigation and the court hearing.
Speaking
Read the articles and answer the following questions:
1)
What does article № 60 say about?
2)
How will you translate the words and phrases
legal
representatives, legitimate adoptive parents, curators, procedure, to
83
engage, contradiction, resolution, appointed to participate, the
represented person
into your mother language?
3)
Can you retell the jist of article № 60 perephrasing it? Ask two
questions about this article from your peer.
Article 60. Legal Representatives of Suspect, Accused, Defendant,
Victim
Legal representatives shall participate in the case to protect the rights
and the legitimate interests of a suspect, accused, defendant, or victim, if
they are juveniles or persons legally recognized as disable.
The following persons may participate in the case as legal
representatives: parents, adoptive parents, guardians, or curators of a
juvenile suspect, defendant, or victim, representatives of institutions and
organizations that have charge of a juvenile or disabled participant of the
procedure. Legal representatives of the suspect, accused, and defendant
shall participate in the case together with the represented persons, whereas
the representative of the victim shall participate together with, or instead
of, the represented person.
an inquiry officer, investigator, or prosecutor, shall render a resolution
to engage a physical or legal person as a legal representative, and the court
shall render a finding to that effect. In case of the contradiction of the
interests of the represented person and the legal representative, by the
same resolution or finding the lawyer shall be appointed to participate in
the case as a defense counsel for the represented person.
Vocabulary practice and writing
Insert the proper words from above given articles.
1)
A person, ………………..
,
institution, or agency, liable for the
damage caused by an accused or by a criminally insane person, may be
engaged in proceedings as a civil respondent.
2)
An ……………………, investigator, or prosecutor shall render
a resolution to ……………………. a physical or legal person as a civil
respondent, and the court shall ………………..a finding to that effect.
3)
A civil plaintiff shall have a right: to know the nature of the
charges and the civil suit; to raise ………………….to the suit; to give
explanations on the suit;
4)
A civil ………………… shall be obliged: to appear upon
summons of an inquiry
officer,
investigator,
84
……………………
,
and court, and to introduce, upon their request, the
evidence relating to the civil suit; not to …………………. establishment
of the issue by destruction or ……………….. of evidences, by
……………….of witnesses and by other illegal acts; to obey the order
during the investigation and the court hearing.
5)
Legal representatives shall participate in the case to protect the
rights and the legitimate interests of a suspect, accused, defendant, or
victim, if they are juveniles or persons legally recognized as……………..
6)
The following persons may participate in the case as legal
representatives: parents, adoptive parents, guardians, or …………….. of a
juvenile suspect, defendant, or victim, representatives of institutions and
organizations that have charge of a juvenile or disabled participant of the
procedure.
7)
Legal representatives of the suspect, …………….., and
defendant shall participate in the case together with the represented
persons, whereas the representative of the victim shall participate together
with, or instead of, the represented person.
8)
An inquiry officer, investigator, or prosecutor, shall render a
resolution to engage a physical or legal person as a
legal
representative, and the court
shall
…………………a
finding to that effect.
9)
In case of the contradiction of the interests of the represented
person and the legal representative, by the same resolution or finding the
……………..shall be appointed to participate in the case as a defense
counsel for the represented person.
85
Homework
CRIMINAL CODE
OF THE REPUBLIC OF UZBEKISTAN
Read the following articles, translate them into mother tongue,
identify the defenition of the new words, learn the new words, retell
the meaning
Article 51. Capital Punishment
Capital punishment through firing shall be imposed
exclusively
for an
intentional
aggravated killing
(Paragraph 2 of Article 97), aggression
(Paragraph 2 of Article 151),
genocide
(Article 153), and terrorism
(Paragraph three of Article 155).
Capital punishment may not be
imposed
on a man aged above sixty, a
woman, and a person committed a crime in the age under eighteen years.
(
Paragraphs 1 and 2
– as amended by the Law of 29.08.2001)
.
By an act of amnesty, capital punishment was commutated by
imprisonment for twenty-five years.
Article 52. Deprivation of Military or Special Rank
When being convicted for serious or especially serious crime, a person
having a military or special rank may be deprived thereof.
When being convicted for a serious or especially serious crime, a
person having a high
military or special rank
, or state award of the
Republic of Uzbekistan, may be deprived thereof by a recommendation of
court
rendered
on the grounds of a sentence.
Article 54. General Principles of Infliction of Penalty
A person shall be subjected to penalty, if he, according to the
procedure established by law, is found guilty in commission of a crime. A
court shall
inflict a penalty
within the limits established by an Article of
the Special Part envisaging liability for a crime committed, in accordance
with provisions of the General Part of this Code.
When inflicting a
penalty,
a court shall take into account nature and
degree of social danger of a committed crime,
motives
thereof, nature and
degree of a harm caused, personality of a guilty person,
mitigating
and
aggravating circumstances.
86
Article 55. Mitigating Circumstances
Mitigating circumstances shall be:
a.
voluntary surrender
, active repentance, or assistance in
crime detection;
b.
voluntary expiation
of a the harm;
c.
commission of a crime due to sever personal, family, or
other conditions;
d.
compulsive crime
or crime committed due to financial,
seniority, or other dependence;
e.
commission of a crime in a heat of passion caused by
violence, great insult, or other wrongful act of a victim;
f.
commission of a crime in excess of
necessary self-defense
,
extreme necessity, infliction of injury when apprehending a person having
committed a
socially dangerous act
, justifiable professional or economic
risk;
g.
juvenile crime;
h.
commission of a crime by a pregnant woman;
i.
commission of a crime under influence of wrongful or amoral
behavior of a victim;
When inflicting a penalty, a court may recognize a circumstance not
envisaged by this Article as mitigating.
A mitigating circumstance envisaged by an Article of the Special Part
of this Code as an element of corpus delicti shall not be taken into account
when
inflicting a penalty
.
87
UNIT 10
Reading
Processing suspects
Processing or
booking,
will be
easiest if you cooperate with the
officer. Read the following steps so that
you are prepared.
1.
The officer will ask for
personal information such as your
name and date of birth.
2.
The officer will ask about
the nature of the
alleged crime.
3.
The officer will perform a record search for your
criminal
background
4.
Personal items will be confiscated, you will receive them when
you leave
jail.
5.
You will be fingerprinted , photographed and searched.
6.
You will receive a
health screening.
7.
You will be released, placed in a
holding cell,
or sent to the
local jail.
This process is done with your best interests in mind. Only those
determined to have a low flight risk will be released on their own
recognizance. If this is the case, you’ll sign an agreement to appear in
court on a determined date. If your crime was more severe or you have
an extensive record this may not be possible. The officer will tell you the
price of your bail and the conditions you must follow.
Vocabulary
booking -
an act of reserving
accommodations, travel, etc., or of
buying a ticket in advance;
alleged -
stated or described
to be such; presumed;
crime -
an action or omission
which constitutes an offence and
is unishable by law;
criminal -
a person who has
committed a crime;
background
-
a
less
important
or
conspicuous
position or function;
jail
- a place for the
confinement of people accused or
convicted of a crime;
88
health -
the state of being
free from illness or injury;
screening -
the testing of a person
or group of people for the
presence of a disease or other
condition;
holding-
an area of land held
by lease;
cell -
a small room in which
a prisoner is locked up or in which
a
monk or nun sleeps;
Speaking
1 Before you read the passage, talk about these questions.
1.
How does criminal processing work in your country?
2.
How are the conditions of bail determined?
Reading
2. Read the poster in a detention center. Then, choose the correct
answers.
1.
What is the poster mainly about?
A
how criminal backgrounds affect bail
B
how arrestees can schedule a court date
C
when arrestees will be released from custody
D
what arrestees should expect during booking
2.
What will arrestees NOT provide?
A
personal items
B
bail conditions
C
finger prints
D
date of birth
3.
What can you infer from the poster?
A
health screening is an optional benefit
B
judges handle the booking process
C
high fight risks won’t be released on their own recognizance
D
paying bail allows an arrestee to bypass the record search
Practicing vocabulary
3. Match the words (1-7) with the definitions (A-G).
1__court 5__flight risk
2__process 6__record search
3__condition 7__personal information
4__criminal background
89
A
the chance a criminal may flee
B
an investigation of criminal history
C
a set restriction
D
a list of past crimes
E
details like name and date of birth
F
to record information about a suspect
G
where people are tried for crimes
4. Fill in the blanks with the correct words and phrases from the
word bank.
booking bail confiscated alleged appear own
recognizance
1
The officer ______________keys from the man.
2
The _________________went quickly because the arrestee was
cooperative.
3
Te woman agreed to _________________ in court.
4
Because he had a good record, the man left on his
_________________.
5
_____________ was set high because the man had a long
criminal record.
6
The ____________crime was committed by a young woman.
90
Listening
5.
Listen and read the poster again. What things are taken
from an arrestee during booking?
6.
Listen to a conversation between a booking clerk and
arrestee.
Mark the statements as true (T) or false (F).
1__ The suspect gives his wife as an emergency contact.
2__ The address on the arrestee’s license in current.
3__ The arresting officer confiscated the man’s cash.
7.
Listen again and complete the conversation.
Clerk:
Yes. Now, I’ll also need an emergency contact with a phone
number.
Arrestee:
1
_____________ is Linda Robinson. Her phone
number is 483-555-2951.
Clerk:
And
2
_____________to you?
Arrestee:
She’s
3
_______________ .
Clerk:
All right. Now, do you have any other
4
_____________?
Arrestee:
Not much.
5_
_____________and cigarettes and keys away
from me when I got arrested.
Clerk:
What else have you
6
______________?
Arrestee:
Uh, I’ve got some
7
______________.
Clerk:
8
_____________that.
Arrestee:
Oh, so you’re going to take all my money, too? That’s just
great.
Clerk:
There’s no need to get upset. I guarantee that you will get
all of your items back when your bail is granted.
91
Speaking
8. With a partner, act out the roles below based on Task 7. Then,
switch roles.
USE LANGUAGE SUCH AS:
I’ll also need . . .
We’ll need to confiscate. . . I
guerantee . . .
Student A:
You are a clerk . Ask Student B about:
•
emergency contacts
•
personal property
Student B:
You are an arrestee. Answer Student A’s questions.
Writing
9. Use the conversation in Task 8 to write a processing report.
Talk about:
•
the arrestee’s emergency contact information.
•
their relationship
•
personal item
Part 2
CRIMINAL PROCEDURE CODE OF THE REPUBLIC OF
UZBEKISTAN CRIMINAL PROCEDURE LAW
Reading
Task 1.
Read the articles 61, 62 and using a dictionary identify the
meaning of underlined words.
Article 61. Rights and Obligations of Representative
A legal representative shall have a right: to be informed of the
summon of the represented person to the inquiry officer, investigator,
prosecutor or the court; to participate, upon the
consent
of the inquiry
officer, investigator, prosecutor, or the court, in questioning of this person;
to have confidential meetings with the represented person in custody; to
enjoy
procedural rights
of the represented person in accordance with this
Code.
A legal representative shall be obliged: to appear upon the
summons
of the inquiry officer, investigator, prosecutor, and court; not to impede
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establishment of the issue by destruction or
forgery
of evidences, by
persuasion of witnesses and by other illegal acts; to
obey
the order during
the investigation and the
court hearing
.
A legal representative may be questioned as a witness, as well as
engaged into the case as the defense counsel, civil plaintiff or civil
respondent. In these cases, the legal representative shall have the rights
and obligations of the abovementioned participants of the legal
proceedings.
Article 62. Representatives of Victim, Civil Plaintiff, Civil
Respondent
The following persons may participate in the case as representatives
of the victim, civil plaintiff, and civil respondent: lawyers; persons duly
authorized to assist as defense counsels, immediate relatives, and other
persons permitted to participate in the case upon the resolution of the
inquiry officer, investigator,
prosecutor
or upon the finding of the court.
A victim, civil
plaintiff
or civil respondent makes a contract of
agency with the representative as a ground for his participation of in the
case. The head of the legal
entity
may participate as its representative
without a special authorization. By the head’s proxy, the personnel and the
lawyers of the legal entity shall be recognized as its representatives.
A representative of the victim, civil plaintiff, or civil defendant shall
participate in the case together with or instead of the represented person.
The victim, civil
plaintiff
, and civil respondent may waive the
representative at any stage of the proceedings or to choose another
representative.
Speaking
Read the articles and answer the following questions:
1)
What do articles № 63, 64 say about?
2)
How will you translate the words and phrases
representative of
a victim, civil plaintiff, civil respondent, procedural rights, civil
respondent, malpractice, impede, forgery, the court hearing, an inquiry
officer, investigator, prosecutor, obliged to expound, to secure the default
on the obligations
into your mother language?
3)
Can you retell the jist of article 63 perephrasing it? Ask two
questions from your peer about article № 64.
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Article 63. Rights and Obligations of Representative
A representative of a victim, civil plaintiff, civil respondent shall
enjoy the procedural rights as, respectively, the victim, civil plaintiff, and
civil respondent. The representative may refuse to participate in the legal
proceedings at any stage.
A representative shall be obliged: to appear for the rights and
legitimate interests of a represented persons; to refrain from any
malpractice; to appear upon summons of an inquiry officer, investigator,
prosecutor, and court; not to impede establishment of the issue by
destruction or forgery of evidences, by persuasion of witnesses, and by
other illegal acts; to obey the order during the investigation and the court
hearing.
Article 64. Obligation to Expound to Participants of Proceedings
their Rights and to Ensure Exercising There of
An inquiry officer, investigator, prosecutor, and judge shall be obliged
to expound to a suspect, accused, defendant, civil plaintiff, as well as
victim, civil plaintiff, civil respondent, and their representatives their
rights, obligations and responsibility and to secure means to exercise those
rights. The participants of the legal proceedings shall be explained
therewith of their obligations and of the consequences of the default on the
obligations.
Vocabulary practice and writing
Insert the proper words from above given articles.
1)
A legal representative shall have a right: to be informed of the
summon of the represented person to the inquiry officer, investigator,
prosecutor or the court; to participate, upon the …………….. of the
inquiry officer, investigator, prosecutor, or the court, in questioning of this
person; to have confidential meetings with the represented person in
custody; to enjoy ………………. ………………..of the represented
person in accordance with this Code.
2)
A legal representative shall be obliged: to appear upon the
……………… of the inquiry officer, investigator, prosecutor, and court;
not to impede establishment of the issue by destruction or
……………..
of
evidences, by persuasion of witnesses and by other illegal acts; to
………………. the order during the investigation and the
………………….
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3)
A legal representative may be questioned as a witness, as well
as engaged into the case as the defense counsel, civil plaintiff or
civil…………………….
4)
In these cases, the legal representative shall have the rights and
……………….. of the above mentioned participants of the legal
proceedings.
5)
The following persons may participate in the case as
representatives of the victim, civil plaintiff, and civil respondent: lawyers;
persons duly authorized to assist as defense counsels, immediate relatives,
and other persons permitted to participate in the case upon the resolution
of the inquiry officer, investigator, …………………..or upon the finding
of the court.
6)
A victim, civil ………………….. or civil respondent makes a
contract of agency with the representative as a ground for his participation
of in the case. The head of the legal ………………….. may participate as
its representative without a special authorization.
7)
A representative of the victim, civil …………………., or civil
defendant shall participate in the case together with or instead of the
represented person.
8)
The victim, civil ………………………, and civil respondent
may waive the representative at any stage of the proceedings or to choose
another representative.
Homework
CRIMINAL CODE
OF THE REPUBLIC OF UZBEKISTAN
Read the following articles, translate them into mother tongue,
identify the defenition of the new words, learn the new words, retell
the meaning
Article 56. Aggravating Circumstances
Aggravating circumstances shall be a crime committed:
a.
in respect of a women known to be pregnant;
b.
in respect of an
infant
, aged or helpless;
c.
in respect of a person or his close relatives in connection with
his performing a professional or
civil duty
;
d.
in respect of a person being in material, service or other
dependence on
a guilty person
;
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e.
with abnormal cruelty;
f.
in a socially dangerous manner;
g.
with engagement of an infant or a person known to suffer a
mental illness
;
h.
resulting in grave consequences;
i.
taking an opportunity of situation of mass disaster or public
emergency, or riots;
j.
from mercenary or other foul motives;
k.
by a group, organized crime group, or criminal community by
previous concert;
l.
repeatedly or first time
intentionally
after
conviction
for a
previous intentional crime;
m.
under intoxication by alcohol, narcotic, psychotropic or other
substances affecting human intellect and will.
A court may, depending on a nature of a crime, not recognize any
circumstance envisaged in Paragraph 1 of this Article as an
aggravating
.
When inflicting a penalty, a court may recognize certain circumstances not
envisaged in this Article as aggravating.
An aggravating circumstance envisaged by an Article of the Special
Part of this Code as an element of corpus delicti shall not be taken into
account when inflicting a penalty.
Article 57. Mitigation of Penalty
A court, taking into account circumstances considerably decreasing a
degree of social danger of a committed crime, may, as an exception, inflict
a penalty below the lower limit of severity
envisaged
by an Article of the
Special Part of this Code for a crime in question, or another, more lenient
penalty not envisaged by an
appropriate Article
.
On the same grounds, a court may abstain from imposing a
mandatory additional penalty
envisaged by an Article of the Special Part
of this Code.
Circumstances characterizing in the aggregate an act, personality of a
guilty person, degree and form of his guilt, his behavior before and after
the crime, grounds for and contributing circumstances of the crime.
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Article 58. Inflicting Penalty for Uncompleted or Joint Crime
When inflicting a penalty for an
uncompleted crime
, a court being
guided by general grounds for inflicting a penalty, shall take into account a
seriousness of a crime, degree of completion of a criminal intent, and
reasons, due to which the crime was not completed.
When
inflicting
a penalty for a joint crime, a court shall take into
account a nature and degree of participation
therein
of each of guilty
persons. Mitigating and aggravating circumstances relating to personality
of each
accomplice
, shall be taken into account by a court when inflicting
a penalty on that accomplice.
97
UNIT 11
Reading
Investigation of hotel room theft
POLICE REPORT
Report Number: 0007133712
Incident type: Hotel Room Theft
Officer: James LeBlanc
I answered a
burglary
call at the
Simpson Hotel at 9:00 PM on
December 3.The hotel manager
reported that someone had broken
into several guest rooms. There were
no signs of forced entry. The thief likely had room keys for each room.
The hotel safe appears
damage
d. However, nothing is missing. The thief
robbed staff members’ lockers as well. No guests or employees reported
seeing anything unusual. The hotel does not have a
security camera
, so
there is no suspect at this time.
Vocabulary
burglary -
illegal entry of
a building with intent to
commit a crime, especially
theft;
damage -
injury or harm
impairing the function or
condition of a person or thing;
security camera -
a security
camera is a video camera that
records people's activities in order to
detect and prevent crime;
maintenance -
the process of
keeping something in good
condition;
Speaking
1. Before you read the passage, talk about these questions.
1.
What are some ways that people steal other people’s items?
2.
How do people avoid losing valuable items while traveling?
Reading and practicing
2.
Read the police report. Then, mark the statements as true
(T) of false (F).
1__The hotel manager saw the thief.
2__The thief did not take anything from the hotel safe.
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3__The thief left evidence of forced entry.
3. Read the sentence and choose the correct word.
1
A broken lock on the door showed there had been a
staff/forced entry.
2
A
thief/burglary
stole George’s car last night.
3.
The manager gave Harriet a
room key/suspect
for number 119.
4.
Franklin stayed at a
safe/hotel
during his vacation.
4. Fill in the blanks with the words below:
rob, broke into,
burglary, safe, staff, suspect.
1
Paula
keeps
her
valuable
jewelry
in
a_____________________.
2
The thief________________ the house when no one was
home.
3
John went to jail for committing a ___________________.
4
Only___________________ members are allowed in the office.
5
The police questioned a __________________about the stolen
bags.
6
A man tried to _________________Jennifer on the street, but
the police caught him.
Listening
5.
Listen and read the report again. What was taken from
the hotel’s safe?
6.
Listen to a conversation between a police officer and a
hotel manager. Choose the correct answers.
1.
Who does the officer suspect is the thief?
A
a staff member
B
a hotel guest
C
the hotel manager
D
an unknown suspect
2.
What will the officer likely do next?
A
call the hotel manager
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B
arrests one of the hotel guests
C
stop the investigation
D
question the staff members
Listening and writing
7.
Listen again and complete the conversation.
Officer:
Ms. Clemons, I have one more question about the
burglary.
Manag
er:
Certainly, officer.1_____________to help.
Officer:
Good.
2
________________________.Where you
keep the room keys?
Manag
er:
Well, besides me, the maintenance and desk staff.
Officer:
3
____________________________________the
thief is usually someone who knows the place well.
Manag
er:
What do you mean?
Officer:
I think
4
____________________was involved.
Manag
er:
Oh, no,
5
________________________. I trust
everyone who works here.
Officer:
I’d still like to talk to your employees.
Manag
er:
6
_____________________. I’ll call them in right
away.
Speaking
8.
With a partner, act out the roles below based on Task
7. Then, switch roles.
USE LANGUAGE SUCH AS:
Can you tell me who knows . . .
In this situation . . .
I think . . .
Student A:
You are a police officer. Ask Student B about:
•
a robbery
•
room keys
•
staff members
100
Make up a name for the hotel manager.
Student B:
You are a hotel manager. Answer Student A’s
questions.
Writing
9. Use the conversation from Task 8 to fill out the page in the
police officer’s notebook.
Incident Details:
Hotel Theft
Incident
type:______________________________________________
__ Who has access to room
keys:_____________________________
Hotel manager’s
opinion:________________________________
Part 2
CRIMINAL PROCEDURE CODE OF THE REPUBLIC OF
UZBEKISTAN CRIMINAL PROCEDURE LAW
Reading
Task 1.
Read the articles 40, 41, 42 and using a dictionary identify the
meaning of underlined words.
Article 40. Statements and Motions of Public Organizations and
Communities to be Taken to Consideration at the Criminal
Proceedings
Public organizations and collectives, their boards and representatives
may communicate an
inquiry agency
, investigator, prosecutor, and court
on a crime committed or being prepared. They have a right to file a motion
on, as follows:
enforcement
of surety of a public organization or
collective as a measure of
restraint
for an accused or
defendant;
parole of
a convicted, or on mitigation of punishment; alteration of the conditions of
custodial control
; exculpation, and other issues prescribed by this Code.
101
Article 41. Notification of Organizations and Collectives on
Crime
In case of serious and especially serious crimes, an inquiry officer and
investigator in charge shall notify an employer, educational establishment,
or
neighborhood
community of a person on
prosecution
him as a
defendant, whereas the court shall inform them about time and
venue
of
the court hearing.
Article 42. Public Accusers and Public Defenders
Public
organizations
and
communities
may
assign
their
representatives to participate in the court hearing as public accusers or
public defenders.
Public accusers and
defenders
shall be elected by assembly of
members of public association or employees of the enterprise, institution,
and organization. The decision of the assembly shall be filed to the court.
Public organization and community may
withdraw
, at any moment,
the
assigned
public
accuser
or defender, or replace him with another
representative thereof.
Speaking
Read the articles and answer the following questions:
1)
What do the articles 43, 44 say about?
2)
How will you translate the words and
phrases at the court
hearing, a public accuser, introduce evidence, attend the court hearing,
present a case, granting relief, file motions
into your mother language?
3)
Can you retell the jist of article 43 perephrasing it? Ask two
questions from article № 44 from you peer.
Article 43. Rights and Obligations of Public Accuser
At the court hearing, a public accuser shall be entitled to: review the
case files, introduce evidence and participate in its examination, file
motions, and present the case on the proof of the accusation. The public
accuser has a right to drop an accusation.
Public accuser shall be obliged to: attend the court hearing, present the
opinion of the public organization or community, and assist in
establishment of the issue.
Article 44. Rights and Obligations of Public Defender
At the court hearing, a public defender shall be entitled to: review case
files, introduce evidence and participate in examination thereof, file
102
motions, and present a case on the circumstances justifying the defendant
or mitigating his liability.
Public defender shall be obliged to: attend the court hearing, present
an opinion of the public organization or collective to a court and contribute
in establishment of circumstances granting relief to the defendant.
Vocabulary practice and writing
Insert the proper words from above given articles.
1)
Public organizations and collectives, their boards and
representatives may communicate an inquiry agency, investigator,
prosecutor,
and court
on a
crime
…………………..or being prepared.
2)
They have a right to file a motion on, as follows: ……………..
of surety of a public organization or collective as a measure of
…………………… for an accused or………………..
;
parole of a
convicted, or on mitigation of punishment; alteration of the conditions of
…………………. ………………; exculpation, and other issues prescribed
by this Code.
3)
In case of serious and especially serious crimes, an inquiry
officer and investigator in charge shall notify an employer, educational
establishment, or …………………. community of a person on
…………………….. him as a defendant, whereas the court shall inform
them about time and ………………. of the court hearing.
4)
Public organizations and communities may assign their
representatives to participate in the court hearing as public accusers or
……………………. ……………………
5)
Public accusers and defenders shall be elected by
………………….
of members of public association or employees
of the enterprise, institution, and organization.
6)
The ………………….. of the assembly shall be filed to the
court.
7)
Public organization and community may …………………, at
any moment, the ………………..
public
……………..or
defender, or replace him with another representative thereof.
8)
At the court hearing, a ……………… defender shall be entitled
to: review case files, introduce evidence and participate in examination
thereof, file motions, and present a case on the circumstances justifying the
defendant or ………………… his liability.
103
9)
Public
defender
shall
be
obliged
to:
attend
the
court…………….. , present an opinion of the public organization or
collective to a court and ………………. in establishment of
circumstances granting relief to the defendant.
10)
At the court hearing, a public accuser shall be entitled to:
review the case files, introduce …………………and participate in its
examination, file………………, and present the case on the proof of the
accusation. The public accuser has a right to drop an accusation.
Homework
CRIMINAL CODE OF THE REPUBLIC OF UZBEKISTAN
Read the following articles, translate them into mother tongue,
identify the defenition of the new words in bolt, learn the new words,
retell the meaning
Article 38. Extreme Necessity
An act that caused harm to rights and legitimate interests of a person
shall not be a crime, if it was committed in a state of extreme necessity,
that is, for preventing a danger to life or rights of the person or other
individuals, interests of the State and society, and the danger could not
have been prevented by other means, and if the harm caused is less serious
than the prevented one.
An act committed in a state of extreme necessity shall be justified, if
no excess of limits thereof occurred.
Excess of limits of extreme necessity shall be causing harm to legally
protected interests, if danger could be prevented by other means or harm
caused is more serious than the prevented one.
When assessing lawfulness of an act committed in the state of extreme
necessity, one shall take into consideration nature and degree of the
prevented danger, how actual it was and how soon was to emerge, physical
abilities of a person to prevent thereof, his psychological state in the
situation emerged and other circumstances of the case.
The issue of liability for damage caused to rights and legally protected
interests, as a result of physical or psychological coercion, shall be
resolved with due regard to the provisions of this Article.
104
Article 39. Causing Harm When Apprehending Person, Who
Committed Socially Dangerous Act
Causing harm when apprehending a person, who committed a socially
dangerous act with a purpose to give him
in charge
, if no excess of
measures necessary for apprehension occurred thereat, shall not be a
crime.
Excess of measures of
apprehension
shall be a clear inadequacy of
means and ways of apprehension for danger of an act and a person who
committed thereof, as well as circumstances of apprehension, when
intentional harm
, which is not grounded by the necessity of
apprehension, is caused to the person.
When assessing the
lawfulness
of causing harm by apprehension of a
person committed a socially dangerous act, one shall take into
consideration his attempt to avoid apprehension, physical abilities of the
apprehender, his psychological state in the situation emerged and other
circumstances related to apprehension.
Right to
apprehend
a person who committed a socially dangerous act
shall be granted to duly authorized officers and victims, as well as other
individuals.
105
UNIT 12
Reading
Investigation of assault
Report number: 000819726
Incident type:
Assault
Officer: Leona Vicente
On October 9 at 12:35 AM, I answered a
call to the Grey Tavern at 907 Oak
Street. Witnesses reported a
dispute
between two men, Darren Rogen and Paul
Cover.
I
interview
ed both
suspect
s. Rogen
claimed that Cower tried to
provoke
him
into a
fight
several times that evening. He
said Cower intentionally bumped into him several times and
refuse
d to
apologize
. Cower stated that Darren was mistaken. He
claim
ed that he
bumped into Mr. Rogen accidentally.
Witnesses reported that Rogen produced a knife and
yell
ed threats
at Cower. Cower began knocking over furniture and told Rogen, “Come
and get me”. When Rogen approached Cower threw a glass at Rogen’s
head. At that point, bar
security
ended the
confrontation
. Cower
claimed he was acting in self-defense. Neither of the men sustained
significant
bodily injury
. However, each man’s show of force and use
of deadly weapons showed intent to do violence. I arrested both men for
aggravate
d assault.
Vocabulary
assault -
a violent attack,
either physical or verbal;
dispute -
a disagreement,
argument, or debate;
interview -
a meeting of
people face to face, esp. for
consultation;
suspect -
have an idea or
impression of the existence,
presence, or truth of
(something) without certain
proof;
provoke -
stimulate or give
rise to (a reaction or emotion,
typically a strong or
unwelcome one) in someone;
fight
-
a
violent
confrontation or struggle;
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refuse -
indicate or show that
one is not willing to do
something;
apologize -
express regret for
something that one has done
wrong;
yell -
to shout, scream, cheer,
or utter in a loud or piercing way;
security -
the state of being
free from danger or threat;
confrontation -
a hostile or
argumentative
meeting
or
situation
between
opposing
parties;
self-defense
- the defense of
one's person or interests, esp.
through the use of physical force,
which is permitted in certain cases
as an answer to a charge of violent
crime;
sustain
-
strengthen
or
support physically or mentally;
bodily injury -
physical
damage or hurt;
aggravate -
to make (a
disease, situation, problem, etc.)
worse or more severe
1. Before you read the passage, talk about these questions.
1.
What are common items that can be used as weapons?
2.
Can a person be arrested for making threats in your country?
Reading and practicing
2.
Read the police report. Then, mark the statements as true
(T) or false (F).
1__ The arrestees agree on how the fight began.
2__ The police officer ended the fight.
3__Cower sustained injures in the fight.
Vocabulary practicing
3.
Complete the word or phrase with the same meaning as the
underlined part.
1
The burglar attacked the security guard with a(n) object that could
kill someone. _ _ _dl_ w_ _ _o_
2
In the process of protecting himself, Vernon punched his attacker.
_el_- _ _ f_ _se.
3
Using force to hurt people is an officer’s last resort. _i _ _ _ce
4
The crowd tried to get a reaction from the officers. _ _ _vo_ _ 5 The
man faces two years in prison for causing serious physical harm to others.
_gg_ _ _ _te_ _ss_ _ _ _
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4. Fill in the blanks with the correct words and phrases from the
word bank.
threat bodily injury assault intentionally show of force
1
Ann__________hit the woman. It was not an accident.
2
Police took the man’s _______________to shoot seriously.
3
A(n)______________is a crime, even if no one is hurt.
4
No one sustained ______________in the crash.
5
Tristan’s sentence was severe because the _____________he
committed was on an officer.
Listening
Listen and read the report again. What weapons did the two men
possess?
5.
Listen to a conversation between a police officer and a
suspect. Choose the correct answers.
1.
What is the officer mainly
asking about?
A
where a weapon is now
B
what happened in a fight
C
how a fight was stopped
D
who was injured in a fight
2.
Why might the man go to
jail?
A He injured witnesses.
B
He would not obey commands.
C
He threatened to hurt the other man.
D
He refused to answer questions.
6.
Listen again and complete the conversation.
Officer:
Darren,
I
don’t
want to
tell you again.
1
_________________and answer my questions.
Darren:
Why? I didn’t do anything! You should arrest Paul.
Officer:
I’ll talk to Paul in a moment.
2
______________,you need to
stop yelling.
Darren:
This is ridiculous.
Officer:
What caused the fight between you and Paul?
Darren:
It was his fault. He was trying to start a fight
3
______________ .
108
Officer:
The witnesses said that you pulled out a knife.
Darren:
I told you,
4
_____________.
Officer:
Well, Darren, you’re in some serious trouble, too. You
committed an assault with a deadly weapon.
Darren:
What? I never even
5_
_______________! He threw a glass at
my face!
Officer:
Calm down, Darren. You threatened to hurt him.
6
_____________to send you to jail.
Speaking
7.
With a partner, act out the roles below based on Task 7.
Then, switch roles.
Student A:
You are a police officer . Talk to Student B about:
•
a recent fight
•
possible charges
Student B:
You are a suspect. Talk to Student A about
what happened during a fight.
Writing
8.
Use the report and the conversation from Task 8 to fill out
the officers notes.
Incident Notes
Individuals involved:_________________________________
Events:____________________________________________
Possible Charges: ___________________________________
USE LANGUAGE SUCH AS:
What cau
s
ed the . . .
I didn’t do anything!. . .
Witne
e
s
s
ay that . . .
109
Part 2
CRIMINAL PROCEDURE CODE OF THE REPUBLIC OF
UZBEKISTAN
CRIMINAL PROCEDURE LAW
Reading
Task 1.
Read the articles 54, 55 and using a dictionary identify the
meaning of underlined words.
Article 54. Victim
When there are
evidences
of a moral,
physical
or
pecuniary
damage
caused to a person by a crime or by a
socially dangerous
act committed
by
an
insane
, the person shall be recognized as a victim. The decision
thereof shall be processed as a finding of the court or a resolution by a
prosecutor, investigator, or inquiry officer.
If a victim is
a juvenile
or a person legally recognized as disable, he
shall participate in the case together with his legal representative or be
replaced by him.
Article 55. Rights and Obligations of the Victim
The victim shall have a right: to
give testimony
; to introduce
evidence; to file motions and challenges; to use his native language or to
use the assistance of an interpreter/translator; to have a representative
appearing for his interests; to participate, with the permission of the
investigator or inquiry officer, in investigative actions; to
get familiarized,
upon inquiry or pretrial investigation, with the whole case file and write
out required information thereof; to file notification of conciliation and to
participate at the
conciliation sessions,
as well as of the court of the first
instance, of appeal,
cassation
, and supervision; to complain against the
procedure or decision of the inquiry officer, investigator, prosecutor,
judge, and court; to
prosecute
in court, in person or through his
representative; to get familiarized with the official records of court session
and to submit comments on them; to be informed about any protests and
complaints on the case, and
challenge
them.
(As amended by the Law of
14.12.2000 and of 29.08.2001)
.
A victim shall be
obliged:
to appear upon the summons of an inquiry
officer, investigator, prosecutor and court; to give true testimony; not to
impede
establishment of the
issue
by destruction or forgery of evidences,
by persuasion of witnesses and by other illegal acts; to introduce evidence
110
on the request of the inquiry officer, investigator, prosecutor, and the
court; to obey the order during the investigation and the court hearing.
If a victim is fails to appear when
summoned
without a
valid
excuse,
he may be subjected to compulsory appearance in accordance with Articles
261-264 of this Code.
If a victim refuses to testify or gives testimony known to be false, he
shall be
liable
under the law.
In criminal cases of offenses that resulted in the victim’s death, the
victim’s rights and obligations under this Article shall be passed to a
victim’s immediate relative and other persons
recognized
by the pretrial
investigation agencies or the court as legal representatives of the dead.
Speaking
Read the articles and answer the following questions:
1)
What do the articles 56, 57 say about?
2)
How will you translate the words and phrases
pecuniary
damage, socially dangerous act, civil plaintiffs, juveniles, legally
incapacitated, sustain a civil suit, cassation, to appear upon summons, to
impede establishment, to obey the order, obligations of a victim
into your
mother language?
3)
Can you retell the jist of article 56 perephrasing it? Ask two
questions from your peer from article № 57.
Article 56. Civil Plaintiff
When there are evidences of a pecuniary damage caused by a crime,
or by a socially dangerous act committed by an insane, to a person,
enterprise, institution or agency, they shall be recognized as civil plaintiffs.
The decision to recognize an entity, as a civil plaintiff, shall be processed
as a finding rendered by a court or a resolution rendered by a prosecutor,
investigator, or inquiry officer.
A civil suit in defense of the interests of juveniles and persons
recognized legally incapacitated may be filed by their legal representatives
or a prosecutor.
Article 57. Rights and Obligations of Civil Plaintiff
A civil plaintiff has a right: to bring and sustain a civil suit; to
introduce evidence; to give explanations on a civil suit; to have a
representative appearing for his interests; to file motions and challenges; to
request the inquiry officer, investigator, prosecutor, or the court to secure
111
the suit; to get familiarized, upon pretrial investigation, with the whole
case file and write out required information thereof; as well as of the court
of the first instance, of appeal, cassation, and supervision to participate in
the hearings of a court of the first instance, of appeal, cassation, and
supervision; to complain against the procedure or decision of the inquiry
officer, investigator, prosecutor, judge, and court; to challenge the
sentence and the finding of the court in the part relating to the civil suit; to
be informed of protests and complaints on the case, and challenge them.
(As amended by the Law of 14.12.2000 and of 29.08.2001).
A civil plaintiff shall be obliged: to appear upon summons of an
inquiry officer, investigator, prosecutor, and court and to introduce, upon
their request, the evidence relating to the civil suit; not to impede
establishment of the issue by destruction or forgery of evidences, by
persuasion of witnesses and by other illegal acts; to obey the order during
the investigation and the court hearing.
The person recognized as the civil plaintiff shall be entitled to all
rights and obligations of a victim.
Vocabulary practice and writing
Insert the proper words from above given articles.
1)
When there are ………………. of a moral, physical
or
…………. damage caused to a person by a crime or by a socially
………………….. act committed by an insane, the person shall be
recognized as a victim. The decision thereof shall be processed as a
finding of the court or a resolution by a prosecutor, investigator, or inquiry
officer.
2)
If a victim is ………………… or a person legally recognized
as disable, he shall participate in the case together with his legal
representative or be replaced by him.
3)
The victim shall have a right: to give ……………………..; to
introduce evidence; to file motions and challenges; to use his native
language or to use the assistance of an interpreter/translator; to have a
representative appearing for
his interests; to participate, with the permission of the investigator or
inquiry officer, in investigative actions;
4)
to get familiarized
,
upon inquiry or pretrial investigation, with
the whole case file and write out required information thereof; to file
notification of conciliation and to participate at the conciliation sessions
,
as well as of the court of the first instance, of appeal,
112
………………………, and supervision; to complain against the procedure
or decision of the inquiry officer, investigator, prosecutor, judge, and
court;
5)
A victim shall be ……………………: to appear upon the
summons of an inquiry officer, investigator, prosecutor and court; to give
true testimony; not to ………………….. establishment of the
………………… by destruction or forgery of evidences, by persuasion of
witnesses and by other illegal acts; to introduce evidence on the request of
the inquiry officer, investigator, prosecutor, and the court; to obey the
order during the investigation and the court hearing.
6)
If a victim is fails to appear when ………………..without a
……………… excuse, he may be subjected to compulsory appearance in
accordance with Articles 261-264 of this Code.
7)
If a victim refuses to testify or gives testimony known to be
false, he shall be ………………….. under the law.
8)
In criminal cases of offenses that resulted in the victim’s death,
the victim’s rights and obligations under this Article shall be passed to a
victim’s immediate relative and other persons …………………………..
by the pretrial investigation agencies or the court as legal representatives
of the dead.
Homework
CRIMINAL CODE
OF THE REPUBLIC OF UZBEKISTAN
Read the following articles, translate them into mother tongue,
identify the defenition of the new words, learn the new words, retell
the meaning
Article 47. Suspension from Office
Suspension from office shall be a temporary deprivation, for a term
defined by court, of a military officer, ensign, warrant officer, contract
military serviceman, of certain rights and benefits with
deduction
of ten to
thirty per cent of pay by the State.
Suspension
from office shall be imposed for the term from two
months to two years in the cases envisaged by an Article of the Special
Part of this Code. For commission of a crime of a minor social danger, or
for a reckless crime with no
grave consequences
, a court may, taking into
consideration circumstances of the case and the personality of the
113
convicted, instead of imprisonment for less than three years, arrest, or
correctional labor, impose suspension from office for the same term.
Serving a penalty of suspension from office, convicted may not be
promoted
in office and in military or special rank, and that time may not
be credited for time promotion and long service pension.
Article 48. Arrest
Arrest shall be holding a person in a strict isolation from one to six
months. (
As amended by Law of 27.12.1996
).
Article 49. Committing to Disciplinary Unit
Committing to a disciplinary unit shall be temporary deprivation of a
military serviceman of enlisted status, for a term defined by court, of
certain rights and benefits through committing him to a special military
unit with
a stricter regime
.
Committing to a disciplinary unit shall be applied for a term from
three months to one year, in the instances envisaged by an Article of the
Special Part of this Code. A court may, taking into consideration
circumstances of the case and the personality of the convicted, instead of
imprisonment for less than three years, impose committing to a
disciplinary
unit the same term.
Article 50. Imprisonment
Imprisonment shall be isolation of convicted through committing him
to a colony of execution of penalty or a prison.
Imprisonment shall be
imposed
for a term from six months to twenty
years.
Imprisonment for up to twenty-five years may be imposed by joinder
of penalties in the cases envisaged by Article 60 of this Code.
Imprisonment for men aged above sixty and women may not exceed
three quarters of a maximum term of imprisonment
envisaged
by an
appropriate Article of The Special Part of this Code.
(As amended by the
Law of 29.08.2001)
.
Penalty of imprisonment sentence for men shall be served:
a.
for convicted for imprisonment for not socially dangerous,
or less serious, or reckless crimes – in settled colonies;
b.
for first-convicted for imprisonment for intentional less serious
and serious crimes – in
colonies of general security
;
114
c.
for convicted for specially serious crimes or previously served
penalty of imprisonment for intentional crime and reconvicted for
commission of an intentional crime – in colonies of high security;
d.
for special dangerous recidivists – in colonies of high security.
Persons, for whom capital punishment was commutated to imprisonment
by an
act of pardon
, shall serve their sentence in
colonies of high
security
as well.
Imprisonment sentence for women shall be served:
a.
for specially serious crimes and after being recognized as
special dangerous recidivists – in colonies of high security;
b.
for not socially dangerous, or less serious, or reckless crimes
–
in settled colonies
;
c. for other types of crimes – in colonies of
general security
.
(Paragraphs 5 and 6 – as amended by the Laws of 27.12.1996 and
29.08.2001)
Imprisonment by confinement in prison may be imposed on a part of
the term of penalty not exceeding five years:
a.
on special dangerous recidivists;
b.
persons committed serious or especially serious crimes and
convicted
thereof for imprisonment for more than five years.
Additional materials for learning
Discuss these questions in small groups. Which criminal in these
stories:
is the cleverest?
deserves the worst punishment?
is the unluckiest?
is the luckiest?
115
3. Choose one of these magazine headlines and write short story.
Crime and punishment
1. In these stories the main crime is murder, but there are many other
more ordinary crimes. Find seven crimes in this picture. Use a dictionary
to help you find the word for the crime, the criminal and the verb that
describes what the criminal is doing.
116
№
Crime
Criminal
Verb
1.
mugging
mugger
to mug
2.
3.
4.
5.
6.
7.
2. Discuss these questions with another student. Which of the
criminals on the opposite page should:
- go to prison? - pay money as a punishment? - be punished in another
way?
3. In the past, criminals were punished in different ways. Look at
these pictures.
A
. What do they show? Use the internet to find out what crimes they
punished.
B.
Think of three other punishments that are not used today. Do you
think they should still be used? Why (not)?
4. Discuss crime in your country.
A.
How was crime different when your grandparents were children?
What acts used to be crimes in the past, but are not now? What new crimes
are there today that did not exist in the past? How has punishment
changed? Make notes.
Notes:
Past
Present
117
B.
Compare your notes with another student. Is life safer today than in
your grandparents’ time? Why (not)?
4.
What can we do to make our lives safer from crime? Write
a full-page advertisement for safety in the home and on the
streets for your local newspaper. Give advice in two parts:
How to protect your home from burglars:
Close and lock all doors and windows when you go out.
……………………………………………………………………..
……………………………………………………………………..
……………………………………………………………………..
……………………………………………………………………..
……………………………………………………………………..
How to be safe on the streets:
Don’t carry money in your back pocket.
……………………………………………………………………...
……………………………………………………………………...
……………………………………………………………………...
……………………………………………………………………...
……………………………………………………………………...
118
English-Uzbek dictionary
A
accused (the accused)
sif.-
аyblаnuvchi, sudlаnuvchi;
acquire
f.
- egаllаmоq,
оrttirmоq;
adhere
f.
- yopishmоq, riоya
qilmоq;
advantage
sif. -
ustunlik,
аfzаllik;
aforementioned
f.
-
yuqоridа
zikr etilgаn, аytib o‘tilgаn;
aggressive robbery
ot.
-
tаjоvuzkоr bоsqinchilik;
aggravate
f.
–
оg‘irlаshtirmоq,
yomоnlаshtirmоq
(vаziyat,
muаmmо v.b.);
alleged crime
ot. sif.
-
1.
mo‘ljаllаngаn, chаmаlаngаn
jinоyat. 2. аybi isbоtlаngаn
jinоyat;
appearance
ot.
- tаshqi
ko‘rinish, qiyofа;
apprehend
f.
–
qo‘lgа оlmоq,
hibsgа оlmоq;
apologize
f
. - kеchirim
so‘rаmоq;
approach
f.
-
yaqinlаshmоq;
arrestee
ot.-
qаmоqqа оlingаn
shахs, mаhbus;
arrive
f.
- kеlmоq, yеtib
kеlmоq;
assault
ot
.
f.
- hujum qilmоq
(qurоl bilаn), jismоniy zo’rlik
bilаn qo‘rqitish;
ash
ot.
- kul;
attacker
ot.
-
insоn yoki
hаyvоngа hujum qiluvchi shахs,
buzg‘unchi;
attitude
ot.
- munоsаbаt,
vаziyat;
autopsy
ot.-
аutоpsiya,
o‘likni yorish;
awareness
ot. -
хаbаrdоrlik;
B
backpack
ot.
-
ryukzаk;
a backup plan
ot. -
zаhirаdаgi
rеjа;
badge
ot.
-
emblеmа, rаmz,
znаchоk, kоkаrdа;
bartender
ot
.
-
bаrmеn;
belief
ot.
-
ishоnch, e’tiqоd;
betray
f.
-
хiyonаt qilmоq,
хоinlik qilmоq, sоtmоq;
bludgeon
ot. –
to‘qmоq,
dubinkа, tаyoq;
blunt
sif.
–
o‘tmаs, to‘mtоq;
bodily injury
ot - sif.-
jismоniy shikаstlаnish;
bond
ot.
-
1. zаnjir, kishаn,
bаnd; 2. аlоqа, rishtа;
booking
ot.
-
1.zаkаz 2. bilеt
sоtish;
bump
(into) f. -
tаsоdifаn
uchrаshmоq (kimdir bilаn),
to‘qnаshib kеtmоq;
burglary
ot.
-
qulf buzish
оrqаli sоdir etilаdigаn o‘g‘rilik;
119
C
cab
ot. -
tаksi,
tаriх:
оt
qo‘shilgаn ekipаj, аrаvа;
claim
f. -
tаlаb qilmоq,
tаsdiqlаmоq;
carefulness
sif.-
puхtаlik,
mufаssаllik;
cash
ot.-
nаqd pul;
cashier
ot.-
kаssir;
cause
ot.-
sаbаb, аsоs, sud
ishi, sud jаrаyoni;
cell
ot.-
qаmоqхоnа
kаmеrаsi;
circumstance
ot.-
shаrоit,
vаziyat, hоl;
checkbook
ot.-
chеk
kitоbchаsi;
clue
ot.-
dаlil;
credit card
ot -
krеdit kаrtаsi;
crime
ot.-
jinоyat;
criminal
ot.-
jinоyatchi,
huquqbuzаr;
criminality
ot.-
jinоyat;
criminal background
-
jinоiy
o‘tmish;
Criminal
Investigation
Department
-
jinоyat qidiruv
bo‘limi;
complainant
ot.-
shikоyatchi,
dа’vоgаr;
compensate
f.-
zаrаrning
o‘rnini to‘ldirmоq, kоmpеnsаtsiya
to‘lаmоq;
conceal
f.-
bеkitmоq, yashirmоq;
conduct
(of
people)
f.-
bоshqаrmоq; o‘zini tutmоq, хulq-
аtvоr;
confiscate
f.-
musоdаrа
(kоnfiskаsiya) qilmоq;
confrontation
ot.-
ziddiyat,
qаrаmа-qаrshilik;
constantly
rav.-
uzluksiz,
dоimо, hаmmаvаqt;
container
ot.-
kоntеynеr
(mахsus idish);
contraband
ot.-
kоntrаbаndа
(dаvlаt
chеgаrаsidаn
bоj
to‘lаmаsdаn,
yashirinchа mоl
o‘tkаzish);
conviction
ot.-
аyblаsh, аybdоr
dеb tоpish;
cooperative
ot.-
birgаlikdа,
birgаlikdа
fаоliyat
yuritаdigаn;
corpse
ot.-
o‘lik, murdа,
jаsаd;
custody
ot.- 1.
g‘аmхo‘rlik
qilish,
vаsiylik
qilish;
qamoqxona;
D
damage
ot.-
zаrаr, ziyon,
buzilish, nuqsоn, shikаst;
dangerous
sif.-
хаvfli;
death
ot.-
o’lim; o’lish, jоn
bеrish;
debit card
ot.-
to‘lоv, dеbеt
kаrtаsi;
definite
sif.-
оydin, yorqin,
аniq;
degrade
f.-
kаmsitmоq,
хo‘rlаmоq;
deliver
f.-
yеtkаzib bеrmоq,
tа’minlаmоq;
demand
f.-
tаlаb qilmоq;
120
description
ot.-
tа’riflаsh,
tаvsiflаsh;
detail
sif. -
bаtаfsil;
detect
f. -
оchmоq, tеrgоv
qilmоq;
detention center
ot. -
dаstlаbki qаmоq jоyi;
develop
f.-
rivоjlаnmоq;
drive off
ib.- (gоlf)
kоptоkchаgа birinchi zаrbаni
bеrmоq; (frаz. fе’l);
disappearance
ot.-
yo‘qоlish,
g‘оyib bo‘lish;
discipline
f.-
o‘rgаtish, mаshq
qilish;
dispute
ot.-
disput,
diskussiya, dеbаt;
distraction
ot.-
diqqаtni
bo‘lish, chаlg‘itish;
disturb
f.-
bаrbоd qilmоq,
buzmоq
(rеjаni),
bеzоvtа qilmоq;
disturbance
ot. -
buzish
(tinchlik, оsоyishtаlik, tаrtib);
dominate
f.-
ustunlik qilmоq,
bоshqаrmоq;
drop
f.-
tоmchilаmоq, birоr
nаrsаni tushirib yubоrmоq;
drug
ot. -
dоri-dаrmоn,
nаrkоtik mоddа, trаnkvilizаtоr;
duty
ot.-
kаfоlаt, mаjburiyat,
jаvоbgаrlik;
E
eliminate
f.-
bаrtаrаf qilmоq,
istisnо qilmоq, chiqаrib
tаshlаmоq;
embassy
ot.
- elchiхоnа;
emotional state
ib.-
emоtsiоnаl, tа’sirchаn hоlаt;
employee
ot.-
хo‘jаyin, egа,
sоhib;
enquiry
ot.-
sаvоl, rаsmiy
tаlаb;
entry
ot.-
kirish, o‘tish jоyi;
escape
f -
qаmоqdаn
qоchmоq;
exclude
f.-
o‘chirib
tаshlаmоq, chiqаrib tаshlаmоq, 2.
istisnо qilmоq;
escort
ot. -
eskоrt, kоnvоy;
even though
bog
‘
-
hаttо,
hаttоki, hаm;
evidence
ot.-
dаlil, isbоt,
аshyoviy dаlil;
examine
f.-
ko‘zdаn
kеchirmоq, tеkshirib chiqmоq,
o‘rgаnmоq;
exhibit
ot.-
аshyoviy dаlil;
F
facility
ot.-
qulаy