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MODERN LAW ENFORCEMENT AND CERTAIN ISSUES OF
IMPROVING THE INSTITUTION OF PLEA BARGAINING
Rahmonaliyeva Jahona Zafarjon qizi
Master`s student of the Facultaty of Anti-corruption and
compliance control of Tashkent State University of Law
Uzbekistan, Tashkent
https://doi.org/10.5281/zenodo.16572082
In recent years, a number of legislative acts have been adopted in our
country aimed at ensuring reliable protection of individual rights and freedoms,
respect for personal honor and dignity, expanding the application of the
adversarial principle at all stages of legal proceedings, as well as the
implementation of international standards and advanced foreign experience in
this field. In the Presidential Decree of the Republic of Uzbekistan “On Measures
for Further Strengthening the Guarantees of Protection of Individual Rights and
Freedoms in Judicial and Investigative Activities” dated August 10, 2020, and
based on proposals from the General Prosecutor’s Office, the Ministry of Internal
Affairs, the State Security Service, the Ministry of Justice, and the National
Human Rights Center, amendments were made to the criminal procedure
legislation regarding the concept of admission of guilt. The task was set to
introduce the institution of plea agreements.
The presence of an admission of guilt is a necessary condition for
transitioning from the general procedure of criminal proceedings to a special
procedure applicable to specific categories of cases, such as reconciliation cases
and the application of amnesty at the pre-trial stage. From the point of view of
justice, admission of guilt is considered an essential element in simplified
criminal procedures. A plea deal may include conditions such as providing
information about accomplices, compensation for damages, and voluntarily
presenting evidence. A plea agreement can be seen as a way of reconciling with
the criminal world or with the person who committed the crime. It must be said,
however, that not everyone supports this type of legal procedure. Opponents of
plea bargaining argue that court decisions may be unfair due to the incomplete
presentation of evidence in court. The issue of including plea bargaining in the
national legal system has been attracting the attention of the academic
community for many years. In recent years, a number of scholars in our country,
including K. Matkarimov and N. Koshaev, have proposed incorporating plea
bargaining into our national legislation. Plea agreements are recognized as one
of the effective measures in the legal systems of several countries, including the
USA, UK, Italy, Spain, Germany, France, Estonia, Israel, India, as well as Russia,
THEORETICAL ASPECTS IN THE FORMATION OF
PEDAGOGICAL SCIENCES
International scientific-online conference
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Moldova, Kazakhstan, and Georgia. To prevent wrongful convictions, the
legislation of Denmark, France, and Germany requires the court to take all
necessary measures, paying particular attention to the principle of establishing
the truth. This requirement is also reflected in the criminal procedure legislation
of Russia, Ukraine, Kazakhstan, and Kyrgyzstan, where such provisions are
established as grounds for imposing a more lenient sentence.
The concept of plea bargaining is a completely new institution in the
Criminal Procedure Code of Uzbekistan, introduced with the adoption of the Law
“On Amendments and Additions to the Criminal and Criminal Procedure Codes
of the Republic of Uzbekistan” dated February 21, 2021. As a result, the Criminal
Procedure Code received a new Chapter 621 titled “Plea Agreement,” the
application of which depends on the circumstances. According to Article 586 (1)
of Chapter 62 (1), “a plea agreement is an agreement concluded with a
prosecutor supervising criminal cases involving crimes of significant social
danger, medium-gravity, and grave crimes, based on a petition from the suspect
or the accused who agrees with the suspicion or charges, actively assists in
solving the crime and eliminates the caused harm.” The Uzbek dictionary does
not contain a general definition of the term “plea of guilt” as part of its
vocabulary. However, through an analysis of the words used in this dictionary,
its lexical meaning can be inferred. The word “guilt” is defined as a flaw, an act, a
sin, or behavior contradicting the norms of etiquette.
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