Volume 04 Issue 12-2024
31
International Journal Of History And Political Sciences
(ISSN
–
2771-2222)
VOLUME
04
ISSUE
12
P
AGES
:
31-33
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
The article analyzes public participation in the criminal procedure of the Republic of Uzbekistan. It examines the legal
foundations, practical significance, and challenges of involving citizens and public organizations in crime investigation.
Emphasis is placed on their role in preliminary investigations, with recommendations for improving legal regulation.
KEYWORDS
Public participation, criminal procedure, legal regulation, preliminary investigation, public organizations, efficiency of
justice.
INTRODUCTION
Article 21 of the Criminal Code of the Republic of
Uzbekistan establishes the principle of “Public
Participation in Criminal Proceedings,” which serves as
the legal foundation for involving the public in such
processes. Additionally, Article 349 of the Criminal
Procedure Code provides for public involvement in
preliminary investigations as a general rule for pre-trial
procedures. The article states:
"The investigator has the right to engage the public in
preventing and solving crimes. To this end, they may
request public associations, communities, and
residents to provide information relevant to a criminal
case, or to indicate the whereabouts of wanted
individuals or objects. Public associations and
communities, at the investigator's request, may
recommend neutral individuals, translators, and
experts from their ranks to participate in specific
investigative actions. The provisions of this Code
Research Article
PUBLIC PARTICIPATION AS SPECIALISTS IN CRIMINAL PROCEEDINGS:
LEGAL FOUNDATIONS AND PRACTICAL ASPECTS
Submission Date:
December 03, 2024,
Accepted Date:
December 08, 2024,
Published Date:
December 13, 2024
Crossref doi:
https://doi.org/10.37547/ijhps/Volume04Issue12-06
Nasiba A. Norova
Lecturer at the Department of International Law and Human Rights, Law Enforcement Academy of the
Republic of Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijhps
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 04 Issue 12-2024
32
International Journal Of History And Political Sciences
(ISSN
–
2771-2222)
VOLUME
04
ISSUE
12
P
AGES
:
31-33
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
regarding the rights and obligations of participants in
the corresponding proceedings apply fully to impartial
translators and specialists representing the public."
This article discusses only the mobilization of the public
during the preliminary investigation. Investigators are
empowered to involve the public in preventing and
solving crimes. Since investigators cannot combat and
solve crimes alone, they inevitably rely on the public’s
strength. Many practical examples attest to this
dynamic.
Public involvement in crime detection and the
identification of perpetrators has both criminological
and investigative dimensions. It would be a mistake to
overlook this issue in the context of criminal
proceedings, whether as a criminological or
operational-investigative activity.
RESULTS
The practical results of utilizing public or civilian
authority in solving crimes depend not only on the
investigator but also on the citizens’ level of
engagement. Citizens' assistance to the investigator in
uncovering the truth and ensuring effective justice is
influenced by three factors:
1.
Attitude toward crime.
2.
Attitude toward investigative authorities and
courts.
3.
The personality of the citizen involved as a
public participant and their assessment of their role in
the process.
The investigator considers the personality of the
citizen involved in the investigation as a public
participant and their evaluation of their participation in
the process. People naturally gravitate toward groups,
whether willingly or unwillingly. Their interests often
align with those of others, and their involvement is
based on mutual support. It is self-evident that citizens
participating in investigations into organized crime as
public representatives act in the interest of these
groups. The foundation of public participation lies in
the unity of societal and personal interests. A person
involved as a public representative will fully support
the investigator’s work if they view their participation
positively and have a personal interest in it. However,
public participants must be chosen carefully to ensure
they have no personal stake in the investigation or
resolution of the crime.
Public participants should act confidently. A lack of
self-confidence can hinder their ability to navigate
work situations effectively, limiting their contribution.
During preliminary investigations involving public
participation, the investigator may turn to public
associations or directly to citizens on a voluntary basis
to assist in solving crimes and identifying the
perpetrators. Some argue that an essential condition
for involving citizens in pre-trial investigations is their
procedural status as participants. However, there are
instances where the procedural status of a public
figure assisting in solving a crime is not defined by law.
For example, laws do not specify the procedural
designation of individuals standing before an identifier
during an identification procedure. Such individuals are
theoretically referred to as statistical participants.
Therefore, it is incorrect to claim that only citizens with
a defined procedural status participate in preliminary
investigations.
Investigators may also engage publicly and appeal to
mass media to garner public support for participation
in criminal investigations.
Volume 04 Issue 12-2024
33
International Journal Of History And Political Sciences
(ISSN
–
2771-2222)
VOLUME
04
ISSUE
12
P
AGES
:
31-33
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
Public associations and communities may, at the
investigator's request, recommend neutral individuals,
translators, and experts to participate in specific
investigative actions. These recommendations are
subject to review by the investigator, who may involve
these individuals in procedural or investigative
activities as neutral participants, translators, or experts
when necessary. The provisions of the Criminal
Procedure Code regarding the rights and obligations of
participants in the respective proceedings apply fully
to impartial experts representing the public.
Translators and specialists invited by public
associations hold the same status and responsibilities
as those invited at the investigator’s initiative.
CONCLUSION
In conclusion, effectively utilizing the expertise of
specialists in the field of human rights protection can
help fulfill the primary objective of criminal justice.
Consequently, the current period underscores the
need to enhance the legal status of specialists,
particularly the provisions regarding their rights and
responsibilities.
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