Volume 03 Issue 09-2023
30
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
09
Pages:
30-36
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
this article talks about the specifics of pre-trial investigation of defamation crimes. In the article, the author discussed
the history of the institution of pre-investigation investigation, its application in practice, scientific analysis of the
opinions of scientists in this regard, and gave his opinion on the concept of pre-investigation investigation. In addition,
he theoretically substantiated their scientific solutions by pointing out some loopholes in the law before the
investigation of defamation crimes.
KEYWORDS
Pre-trial investigation, defamation crimes, person, suspect, victim, preventive inspector, operative representative,
application, examination, evidence.
INTRODUCTION
Pre-investigation investigation is the first step in
bringing the case of defamation to court, in which the
official of the pre-investigation div, the investigator
or the investigator, based on criminal procedural
legislation, takes actions related to the application,
reports, and the results of their review. , as well as a
form of proceeding to court, which includes measures
to strengthen and preserve criminal traces, objects and
documents that may be relevant to the case.
Based on this, we can say that the concept of
"investigation prior to investigation", which is
considered a relatively new concept in bringing the
case to court, is the Law of the Republic of Uzbekistan
dated September 6, 2017 "On Amendments and
Additions to Certain Legislative Documents of the
Republic of Uzbekistan in Connection with the
Improvement of the Investigation Institute" No. O'RQ-
442 entered into the criminal procedural law with its
adoption. According to this law, the stage of
proceedings before the court was divided into the
stages of investigation, investigation and preliminary
investigation.
Research Article
SOME ASPECTS OF PRE-TRIAL INVESTIGATION OF CASES OF TOUCH OF
HONOR
Submission Date:
September 18, 2023,
Accepted Date:
September 23, 2023,
Published Date:
September 28, 2023
Crossref doi:
https://doi.org/10.37547/ijlc/Volume03Issue09-06
Kulbekov Oybek Tursinalievich
Deputy Head Of The Investigation Department Under The Ministry Of Internal Affairs Of The Republic Of
Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 03 Issue 09-2023
31
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
09
Pages:
30-36
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
Analyzing the institution of pre-trial investigation, in
accordance with the Criminal Procedure Law, in Article
3201, pre-trial investigation is a new stage of trial
proceedings. is set to include investigation.
Pre-investigation investigation includes measures to
check applications, messages and other information
related to crime, to make a decision on the result of
their consideration, as well as measures to strengthen
and preserve traces of crime, objects and documents
that may be important for the case.
Scholars have different opinions about the concept of
pre-trial investigation. In particular, professor Z.F.
Inog'omjonova
and
associate
professor
G.Z.
Tolaganova thought that "...proceeding cases to court
consists of an inquiry and a preliminary investigation,"
while associate professor A.Kh. Rahmonkulov said that
"the forms of the preliminary investigation stage
include an inquiry and a preliminary investigation."
emphasizes. B.B. Khidoyatov and Sh.F. Fayzievlar
expressed similar opinions.
It should be said that with the adoption of the law "On
amendments and additions to certain legal documents
of the Republic of Uzbekistan in connection with the
improvement of the investigative institution", the
essence of the investigative institution was
fundamentally changed, the investigative bodies and
their powers were separated before the investigation,
and it directly indicates that the investigation is a form
of preliminary investigation. was placed. This is exactly
what we want to emphasize.
It is worth noting that the concept of inquiry
mentioned by the above scientists appeared on the
basis of the concept of the investigation that we are
analyzing.
Nevertheless, in our opinion, there are a number of
ambiguities in the concept of pre-investigation
investigation, and in order to clarify them, let's analyze
some theoretical concepts of pre-investigation
investigation and the opinion of scientists in this
regard.
As we said above, there is no consensus in the legal
literature regarding the concept of pre-trial
investigation. This indicates the versatility of this
institution. Some scholars interpret the pre-
investigation investigation process as a form of crime
investigation, while the second group of scholars
emphasize the case as a stage of bringing the case to
trial, an event that occurs before the initial
investigation, and the next group of scholars say that
the pre-investigation investigation is a form of activity
of certain state bodies. scientists emphasize that pre-
investigation is a clear concept, an independent stage
of the criminal process.
We partially agree with the opinions of each of the first
and second groups of scientists. After all, the law
defines pre-investigation as a form of criminal
investigation, and this is the stage of conducting an
independent case before the court. But the opinion of
the third group of scientists is somewhat controversial,
because this process is not an event and it is a process
that takes up to a month.
A. Matmurodov and D. Kenjaboev stated that before
the
investigation,
the
investigation
includes
applications, messages and other information related
to the crimeinvestigation includes measures to make a
decision on the result of their review, as well as
measures to strengthen and preserve criminal traces,
objects and evidence important for the case.
Of course, the views of A. Matmurodov and D.
Kenjaboev are interesting. They emphasized that it
includes measures to strengthen and preserve crime
traces, objects and evidence that are important for the
Volume 03 Issue 09-2023
32
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
09
Pages:
30-36
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
case during the investigation before the investigation.
This suggests that attention should be paid to
consolidating and preserving evidence from the stage
under analysis.
In addition to the above points, it should be noted that
the activity of pre-investigation investigation has its
own characteristics in that it is aimed at performing not
only criminal-procedural, but also rapid search
functions. In turn, the criminal-procedural activities of
investigative bodies before the investigation include
the following: review and resolution of applications
(reports) about crimes; conduct pre-investigation
investigation when there are other reasons for
initiating a criminal case; implementation of quick
search activities and procedural actions on the
assignment of investigators and investigators;
assistance in carrying out certain investigative actions
carried out by the inquirer and investigators, etc.
At the same time, the official of the div conducting
the investigation before the investigation must fulfill
the instructions of the investigator and the
investigator on the execution of procedural actions
and rapid search activities in accordance with the
conditions, procedures and terms of execution.
If it is not possible to complete the task within the
specified period, the person who gave the task will be
informed about this and he may be asked to extend the
period of execution or to change the terms and
methods of execution. At the request of the inquirer or
the investigator, the official of the inspection div
prior to the investigation should assist him in
conducting the investigation, he must also present the
seized documents and other materials, which may be
of evidentiary value for the criminal case, for perusal or
to be added to the case. The investigator and the
investigator shall send all their assignments,
instructions and requests to the official of the pre-
investigation inspection div through the head of the
pre-investigation inspection div.
In defamation crimes, the pre-investigation stage is
very important, unlike other types of crimes, and it is at
this stage that the nature and amount of damage
caused by the crime specified in Article 82 of the
Criminal Procedure Code, the circumstances describing
the victim's identity, the time and place of the crime,
method, as well as the causal connection between the
act and socially dangerous consequences, whether the
crime was committed by this person, whether the
crime was committed with right or wrong intention,
the reasons and goals of the crime, as well as other
evidence related to the case and all the circumstances
that need to be proven, and finally the crime one of the
decisions to initiate a case, to refuse to initiate a
criminal case, or to refer, as appropriate, is taken.
According to our analysis, it was found that more than
75% of defamatory applications and messages are
rejected. This serves to prevent innocent persons from
being held accountable as a result of a thorough
approach to the above-mentioned aspects in the
investigation of defamation cases. There are two
approaches to this issue.
First of all, there are cases where some citizens have
insufficient legal literacy and apply for defamation to
the internal affairs bodies in order to expect material
benefits from voluntary sexual intercourse. A woman
complains about the fact that women of a light nature
have sex with a stranger for a certain fee according to
a mutual agreement, and the man who had sex does
not pay the agreed money. In this case, the man did not
commit acts of sexual violence against the
representative of the opposite sex, the woman's div
and clothes show no signs of violence in the room
where they had sex. The investigator and the
investigator evaluate the evidence in the case and
make a decision to refuse to open a criminal case.
Volume 03 Issue 09-2023
33
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
09
Pages:
30-36
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
Secondly, it is appropriate for us to assess the
impartiality in making a comprehensive and objective
decision on the applications and complaints received
by the investigators and investigators of the internal
affairs bodies on the cases of defamation based on the
requirements of Article 22 of the Criminal Code, as well
as their skillful approach to their work in identifying,
collecting and strengthening evidence.
Therefore, the success in finding, identifying and
seizing traces of a crime in order to investigate and
expose it depends to a large extent on the efficiency of
the official, investigator and investigator conducting
the investigation before the investigation in the
process of investigating reports of defamation. As S.A.
Novikov pointed out, it is at the investigation stage
before the investigation that the chances of identifying
the important circumstances of the crime are high.
The analysis of some cases in the current practice in
carrying out pre-investigation investigations of
defamation crimes shows us that it is necessary to pay
special attention to some cases. Let's take a look at
them below:
First of all, according to our analysis, when examining
the investigation materials and criminal cases before
the investigation related to defamation conducted by
the
investigative
bodies
of
internal
affairs
agencies,Order No. 100 of the Ministry of Internal
Affairs of the Republic of Uzbekistan dated June 12,
2017 "On the approval of the instruction on the
procedure for the organization of inquiries and
preliminary investigations in the internal affairs bodies
of the Republic of Uzbekistan" stipulates that the
investigation actions before the investigation of the
situation related to defamation will be carried out by
the investigators of the investigative units. . That is, in
the third paragraph of paragraph 54 of this order,
defamation, violent satisfaction of sexual needs in an
unnatural way, extortion, small amount of robbery,
fraud, violation of labor protection rules, hooliganism,
as well as those that are controversial in qualifying the
act and the symptoms of crime are clearly visible. it was
indicated that the investigators of the investigation
units should carry out investigations before the
investigation and make a legal decision regarding the
reports of the crime related to bodily injury. Although
a mandatory norm has been adopted for the
employees of the internal affairs bodies, in the practice
of law enforcement, it is shown that in 60 percent of
the cases related to defamation, from the applications
and reports to the investigation, the inspection actions
are carried out by the preventive inspectors and the
employees of the bodies that carry out rapid-search
activities. Investigating crimes against sexual freedom
requires legal knowledge from a person, because the
processes related to the characteristics of sexual
violence committed by a man, the method of
committing the crime, and the formalization of
evidence from a person for qualification marks require
criminal legal knowledge.
Unfortunately, 90% of preventive inspectors, 50% of the
employees of the bodies carrying out rapid-search
activities do not have a higher legal education, they do
not have sufficient knowledge, skills or skills, for
various reasons, they do not want to record the crime
committed in the service area or the desire to achieve
a positive indicator report. or as a result of the orders
of the leaders, it is the reason that the investigation
actions are not carried out completely, objectively and
comprehensively before the investigation of crimes
related to honor. As a result, it is a pity that decisions
on refusal to open a criminal case, which is considered
a negative indicator for investigative bodies, are
canceled by the prosecutor's office and a decision is
taken to open a criminal case.
Volume 03 Issue 09-2023
34
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
09
Pages:
30-36
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
For example, T.Z., born in 2005. let's take the criminal
case initiated by the minor Q.N., born in 2007, in
connection with this criminal case, the victim's mother
Kh.D. applied to the preventive inspector of the
relevant neighborhood. However, due to the lack of
knowledge and experience of the prevention
inspector, although there are obvious signs of a crime,
he decided to refuse to initiate a criminal case based on
the documents collected in connection with the injury
of minor N. Kochkarova as a result of touching her
honor. When this decision was studied by the
prosecutor's office in the control procedure, it became
clear that the decision was made illegally, a decision
was made to open a criminal case, and the criminal case
was sent to the Investigative Department of the
M.Ulugbek district IIO FMB.
In our opinion, in order to ensure that the pre-
investigation investigation of defamation cases is
carried out in a high-quality way, all the circumstances
that need to be proven in the case are carefully,
comprehensively, fully and objectively investigated, to
immediately end the practice of conducting pre-
investigation investigations conducted by preventive
inspectors and operative representatives. necessary.
The fact that some norms of the JPK are in conflict with
each other also causes many mistakes and
shortcomings to be made in the investigation before
the investigation. For example, Article 321 of the
Criminal Code stipulates that the investigator, the
investigator, the prosecutor and the official of the pre-
investigation div must initiate a criminal case if there
is reason and sufficient grounds for the commission of
a crime within the scope of their powers, but this
normative basis, that is, before the investigation
Article 15 of this Code entitled "Inevitability of criminal
proceedings" does not indicate that an official of the
investigating div may initiate a criminal case within
the scope of his authority. In
Article 392 of this Code, the heads of each of the bodies
listed in Article 391, while acting as the head of the
div
that
carries
out
the
pre-investigation
investigation, may start the investigation before the
investigation or delegate its conduct to another official
subordinate to him, initiate a criminal case or refuse to
initiate a case. it is noted that he has the right to
transfer the application, the message according to the
relevance of the investigation. It is known that the
principles of JPK are the fundamental basis for all other
norms. To be clear, other norms must not conflict with
the principles of JPK. However, it is not stated in
Article 15 that the official of the div conducting the
investigation is authorized to initiate a criminal case
before the investigation specified in Article 321 of the
JPK.
In the content of Article 392, it is noted that only the
head of the div that carries out the investigation
before the investigation has the right to initiate a
criminal case. It is these factors that lead to
contradictions in the pre-trial investigation of
defamation cases.
In our opinion, it is necessary to include the official of
the
div
conducting
the
pre-investigation
investigation among the bodies that have the
obligation to initiate a criminal case in the context of
Article 15 of the Criminal Code. This requires the
addition of Article 15 of the Criminal Procedure Code in
the following wording: "The prosecutor, investigator,
investigator, and official of the pre-investigation div,
in every case where signs of a crime are found, within
the scope of their powers, initiate a criminal case,
commit a criminal incident, commit a crime they must
take all measures provided for by law to identify
persons and punish them".
Volume 03 Issue 09-2023
35
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
09
Pages:
30-36
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
Also, part 7 of Article 392 of the Criminal Code should
be supplemented with the following wording:
"Prior to the investigation, the official of the div
conducting the investigation has the right to initiate a
criminal case or refuse to initiate a case, or to transfer
the application, the message, depending on the
relevance
of
the
investigation.
Before
the
investigation, the decisions of the official of the div
conducting the investigation must be approved by the
head of this div. The written instructions of the head
are binding for the official subordinate to him, who has
the right to complain about these instructions to the
prosecutor without stopping their execution."
In short, investigation is one of the important stages in
defamation cases. Norms such as collection of
evidence important for criminal proceedings,
protection of rights and freedoms of a person play a
role in this, from receiving a person's application to the
initiation of a criminal case. Therefore, through this
research, we tried to show that every process from the
investigation stage to the investigation should be
approached responsibly.
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Order No. 100 of the Ministry of Internal Affairs of
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approval of the instruction on the procedure for
Volume 03 Issue 09-2023
36
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
09
Pages:
30-36
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
the organization of inquiries and preliminary
investigations in the internal affairs bodies of the
Republic of Uzbekistan", paragraph 54.
14.
M.Ulug'bek District IIO Investigation Department
under FMB from criminal case No. 262692/22-194
