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Курганов A. (2020). Английский. in Library, 20(2), 1–128. извлечено от https://inlibrary.uz/index.php/archive/article/view/12393
Анвар Курганов, Академия МВД Республики Узбекистан

Начальник кафедры узбекского языка и иностранных языков МВД Республики Узбекистан

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Аннотация

За последние годы в нашей стране сделано много позитивного для дальнейшего развития сферы образования и вывода ее на новый уровень. В частности, нашим Президентом в целях формирования комплексной системы изучения и преподавания иностранных языков
Обнародовано решение PQ-1875 «О мерах по дальнейшему совершенствованию системы обучения иностранным языкам», принятое 10 декабря 2012 года. На основании этого Постановления путем внедрения передовых методов обучения с использованием современных ПК-педагогических и информационно-коммуникационных технологий, обучения подрастающего молодого поколения иностранным языкам, подготовки специалистов, свободно владеющих этими языками, коренным образом усовершенствуя систему и, в конечном итоге, создавая условия и возможности для достижений мировой цивилизации и широкого использования мировых информационных ресурсов, развития международного сотрудничества и общения, стала одной из актуальнейших проблем современности.
Среди выявленных актуальных вопросов особое значение имеет необходимость изучения опыта развитых зарубежных стран и изучения его положительных сторон, подходящих для наших условий. Принимая во внимание тот факт, что юристам необходимо совершенствовать свой иностранный язык на профессиональном уровне, был подготовлен и представлен широкой читательской аудитории данный учебник под названием «Английский язык».
Учебник содержит детективные тексты различного содержания и предназначен для студентов и курсантов, обучающихся в высших учебных заведениях Республики Узбекистан. Цель данной публикации – помочь будущим юристам быстро усвоить суть текста и развить устную речь, выполняя различные интерактивные упражнения.
Поскольку данный учебник готовился впервые, естественно, что в нем есть некоторые недостатки. Поэтому автор приветствует любые критические замечания и предложения по данному учебнику и будет использовать их в своей дальнейшей работе.

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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


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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


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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.


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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.


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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;


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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.


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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.


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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.


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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


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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.


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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.


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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


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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;


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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


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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?


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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.


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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 –






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Speaking

Task 2.

Describe verbal and non-verbal behavior symptoms.


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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.


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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.




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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.


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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.



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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.


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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


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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;


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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)

print

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.


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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.


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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.


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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?


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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.


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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.


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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.


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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.


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34

Grounds for

liability

shall be commission of an act containing all

elements of corpus deficit of a crime envisaged by this Code.


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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.



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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


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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



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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,


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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.


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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.


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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………………...


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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


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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.


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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


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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?


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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


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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


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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: ____________________________

__________________________________________
__________________________________________
__________________________________________


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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.


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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?


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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.


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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 . . .


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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

.


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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.


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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.


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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
………………. .


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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.


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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.


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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


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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


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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


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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 . . .


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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.




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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?


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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.


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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


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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.


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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.


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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


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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.



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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.


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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.


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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.


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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.


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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


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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.


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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.


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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


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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).


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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


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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


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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


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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,


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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.


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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.



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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

.



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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;


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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


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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.


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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.


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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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92

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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94

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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95

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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96

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.


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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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98

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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99

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


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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.


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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


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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.


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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.



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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.


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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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106

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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107

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

______________ .


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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 . . .


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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


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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


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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,


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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


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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

;


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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?


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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.



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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


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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.

……………………………………………………………………...
……………………………………………………………………...
……………………………………………………………………...
……………………………………………………………………...
……………………………………………………………………...



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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;


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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;


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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.-

qulаylik, хizmаt

ko‘rsаtish vоsitаlаri;

fraud

ot.-

аldаmchilik,

qаllоblik, firibgаrlik;

fraudulent

ot.-

muttаhаmlik,

qаllоblik bilаn аmаlgа
оshirilаdigаn;

frequently

rav.-

tеz-tеz;

fight

ot.-

urush, jаng;


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121

find out

f.-

аniqlаmоq,

(vаziyatni)

оydinlаshtirmоq;

fingerprint

ot. -

bаrmоq izi;

firearm

ot. -