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THE AMERICAN JOURNAL OF POLITICAL SCIENCE LAW AND CRIMINOLOGY (ISSN- 2693-0803)
VOLUME 06 ISSUE11
100
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PUBLISHED DATE: - 30-11-2024
DOI: -
https://doi.org/10.37547/tajpslc/Volume06Issue11-15
PAGE NO.: - 100-105
THE LEGAL NATURE AND HISTORICAL
DEVELOPMENT OF THE INSTITUTES OF
SUSPENSION AND RESUMPTION OF
PROCEEDINGS IN CRIMINAL PROCEDURE
Bobokhonov Akromkhon Alokhonovich
Senior lecturer of the Law Enforcement Academy of the Republic of
Uzbekistan
INTRODUCTION
The constitutional reform of 2023 marked an
important milestone in the legal development of
the country. The Basic Law was supplemented with
new provisions strengthening the guarantees of
human rights and freedoms. Particular attention is
paid to social protection, which is reflected in the
norms on access to education, healthcare and an
environmentally friendly environment. Such a
legislative initiative is important for ensuring
social justice and compliance with the principle of
equality before the law.
Serious attention is paid to reforming the judicial
and legal system. The new amendments to the
Criminal Procedure Code are aimed at
strengthening the principles of adversarial
proceedings and equality of the parties, increasing
the transparency of judicial processes and actively
introducing digital technologies. The introduction
of electronic justice facilitates citizens' access to
judicial services and increases their efficiency. It
should be noted that the reform of probation opens
up new opportunities for the rescialization of
convicts, which contributes to the reduction of
recidivism.
The institutions of suspension and resumption of
proceedings at the judicial stage of the criminal
process are important elements of the criminal
procedural legislation of the Republic of
Uzbekistan. Their significance is determined by the
RESEARCH ARTICLE
Open Access
Abstract
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need to ensure the balance between the rights of
participants in the process, effective justice and
achieving the goals of criminal proceedings. The
Criminal Procedure Code of the Republic of
Uzbekistan clearly regulates the grounds,
procedure and consequences of the suspension and
resumption of production, which is of fundamental
importance for compliance with the law and
protection of the rights of participants in the
process.
Criminal proceedings are characterized by actions
taken by participants in the process, decisions
made by them, and deadlines established by
procedural law. These components of the process
ensure the conduct of procedural activity in a single
system. It is not always possible to continue the
criminal process uninterruptedly. In practice, it is
natural that at almost all stages of the criminal
process, circumstances arise that impede and
hinder the conduct of the case. Objective and
subjective factors contribute to the emergence of
such situations. An example of such cases is the
suspension of investigative actions and other
procedural actions. In criminal proceedings, it is
not only necessary to suspend proceedings, but in
some cases it is not advisable not to suspend
proceedings. All this is done within the framework
of criminal proceedings.
When discussing the legal nature of the suspension
and resumption of proceedings in criminal
proceedings, there are different opinions on this
issue in theory and practice. A number of
specialists and legal scholars have expressed clear
opinions on scientific research and debates
regarding the legal nature of the mechanism for
suspending and restoring criminal proceedings.
The theoretical foundations of this institution and
its practical application do not always have the
same understanding, as each legal system and
practice have their own specific conditions,
normative legal foundations, and legal relations for
their implementation.
Until now, the procedural institute related to the
suspension and restoration of proceedings in
criminal proceedings has been called differently in
various lawyers and scientific literature. This
situation arises from the fact that criminal
procedural legislation includes a large-scale
suspension mechanism, as the legal nature of the
institution of suspension and the position of the
relevant legislation at each stage differ in its
accuracy. According to Kh.Kh. Botirov, the
procedural action "suspension of preliminary
investigation" does not have a full character, and in
criminal procedural legislation, the suspension of a
criminal case can be encountered in preliminary
investigation, appointment to trial, and trial. Due to
the fact that the procedural institution of
"suspension" in criminal procedural legislation
regulates norms at the preliminary investigation
and trial stages and is unique in its application
alongside common grounds, it is not advisable to
use a single term when using the word
"suspension" at these stages.
This scholar's assessment stems from the fact that
the mechanism for suspending proceedings in
criminal procedural legislation is fully aligned with
different legal foundations and norms at each
stage. For example, the grounds and mechanism for
terminating the case at the preliminary
investigation stage are based on a number of
practical and theoretical factors related to the
resumption of criminal proceedings. Furthermore,
at the stage of trial, the legal grounds and
conditions for terminating a case become more
complex, as court decisions and procedures related
to the activities of judicial bodies have their own
characteristics.
The main goal of the procedural institution of
"suspension" in the legislation is to implement a
mechanism for temporary suspension of the
criminal case and subsequent resumption or
continuation of the criminal case in the absence of
a solution to the problems, the implementation of
necessary measures, and the impossibility of
continuing the criminal case. Therefore, the term
"suspension" changes at every stage of criminal
proceedings, and as a result, it is natural that it has
its own term and sphere of procedural application.
Criminal procedural legislation provides for
various additional conditions and norms for the
practical application of the procedural institution
of "suspension." This is particularly important in
terms of changes in legislation on the suspension of
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proceedings at the preliminary investigation and
trial stage, as well as their practical and theoretical
foundations. At these stages, it is not necessary to
use the term "suspension" in the same way, as at
each stage, the reasons for the suspension of
proceedings, the procedure for procedural actions,
and the application of legal sources to practical
work are different. This is important for conducting
theoretical and practical research based on the
conditions of "suspension" and its occurrence at
each stage.
A.V. Kochetova, who conducted research on the
issue of terminating criminal proceedings, stated
that the institution of terminating criminal
proceedings, as a criminal procedural institution,
consists of a set of norms regulating legal relations
related to the emergence of grounds that are
similar in legal and practical terms, have a unique
structure and have a single initial principle,
hindering the conduct of the case specified in the
law during the preliminary investigation,
appointment of the case for consideration in court,
or judicial proceedings .
Today, the grounds for suspending a criminal case
in court and the procedure for their application are
important issues, especially those considered in
court. When analyzing these issues, it is necessary
to refer to Article 4057 of the Criminal Procedure
Code of the Republic of Uzbekistan. This norm
clearly determines in what cases the judge has the
right to suspend the criminal case in court.
According to the requirements of the article, if
during the preliminary hearing it is found that the
accused has gone into hiding, the judge must, first
of all, decide to suspend the criminal case against
this person and transfer him to search. At the same
time, the judge should consider the issue of
changing the preventive measures against the
accused.
In addition, if the accused is unable to participate in
the trial of the criminal case, because he has a
serious and long-term illness, which is confirmed
by the conclusion of the forensic medical
examination, the judge may decide to suspend the
criminal case until the accused recovers. In this
case, the judge considers two grounds for
suspending the case at the stage of trial. The first
ground is related to the defendant's hiding, and the
second ground is related to his health. Therefore, if
the accused is unable to participate in the trial due
to his health, the trial may be suspended for a long
time.
The listed grounds and procedure are not the only
grounds for terminating a criminal case in the court
of first instance. According to the content of the
law, in the process of considering the case on the
merits in the court of first instance, the proceedings
may be suspended on the following grounds.
According to Article 420 of the Criminal Procedure
Code of the Republic of Uzbekistan, if the defendant
hides during the consideration of the case in court
on the merits, as well as in the event of a mental
illness or other serious illness that excludes the
possibility of attending the court session, the court
suspends the case against that defendant and
continues to consider the case against other
defendants.
There are other important grounds for the
suspension of proceedings by courts in the process
of considering a criminal case in court. These
grounds arise mainly when a new criminal case is
reopened or new information about a new criminal
case is revealed. In particular, according to Article
416 of the Criminal Procedure Code of the Republic
of Uzbekistan, if a new accusation is revealed in the
court during the consideration of a criminal case,
that is, if a new accusation is filed against the
defendant, if the court finds that there are grounds
for bringing the defendant to a new criminal
responsibility, the court may issue a decision to
suspend the case. This process is also used in the
event of a crime committed by a person who has
not been prosecuted, but who creates new
circumstances in the case.
In addition, according to Article 417 of the Criminal
Procedure Code, if circumstances related to the
commission of a crime by a person who is not held
criminally liable in a criminal case are established,
the court may issue a decision to take the necessary
procedural
actions
to
consider
these
circumstances. At the same time, if new
information and circumstances obtained in the
criminal case create difficulties in ensuring the
implementation of the necessary processes for its
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complete and accurate recording, the court will
have to issue a decision on the complete
termination of the case.
Thus, the suspension of proceedings in a criminal
case is carried out only if there are clear legal
grounds. These grounds are necessary to ensure a
full and effective consideration of the criminal case
and are at the discretion of the judge when making
decisions to continue or suspend the case in court.
Such decisions further enhance the procedural
effectiveness of the court and its role in
determining the true truth of the criminal case.Of
course, the suspension of criminal proceedings on
the grounds provided for in Articles 416 and 417 of
the Criminal Procedure Code is somewhat different
from the suspension of proceedings on other
grounds. According to these grounds, the
suspension is limited to a certain period in
accordance with the law.
The Resolution of the Plenum of the Supreme Court
of the Republic of Uzbekistan No. 7 of May 14, 2022,
"On Judicial Practice of Discussion of Criminal
Cases in Court of First Instance," provides clear
explanations regarding the application of the
relevant norm for judges in the discussion of
criminal cases. In accordance with Article 420 of
the Criminal Procedure Code, the process of
considering a criminal case in court may be
suspended in the following cases:
1. If the defendant hides from the court;
2. If the defendant's participation in the court
session is prevented by mental or other serious
illnesses;
3. The court has instructed the prosecutor to
conduct additional procedural actions in
accordance with Articles 416 and 417 of the
Criminal Procedure Code.
The Plenum of the Supreme Court in its explanation
provides comments that do not differ from the
norms of Article 420 of the Criminal Procedure
Code. However, the Plenum's subsequent
clarifications contain additional recommendations
on granting the court the authority to suspend a
criminal case against a defendant based on Article
420 of the Code of Criminal Procedure. This
provision is not directly reflected in the Criminal
Procedure Code. The Plenum of the Supreme Court
provided the following explanation: the court may
also suspend the case against a defendant or
permanently.
The decision of the Plenum of the Supreme Court
extensively interprets these circumstances and
provides for the possibility of suspending the trial
for some defendants. According to the decision of
the Plenum, if a criminal case is being conducted
against several defendants, the criminal case
against some of them may be suspended
separately, and the court proceedings may be
resumed. Although this situation is not directly
defined in the Code, the Plenum's decision will help
to understand the legal basis for the suspension
and
subsequent
resumption
of
criminal
proceedings.
This Plenum resolution is aimed at ensuring the
uniform and consistent application of legal norms
in criminal proceedings. At the same time, it
contributes to the improvement of judicial practice
in criminal proceedings and serves as an
explanation that should be used to resolve certain
situations in the activities of a judge based on legal
criteria. Based on the Plenum's decision, the
possibilities for resolving legal situations that are
not directly present in the Code, but are necessary
in judicial practice, will expand.
Article 569 of the Criminal Procedure Code of the
Republic of Uzbekistan also provides for the
termination of proceedings in a criminal case on an
entirely different basis, based on which the
termination applies equally to the stage of inquiry
and preliminary investigation, as well as to the
stage of court proceedings. According to the
content of this article, if a mental disorder or other
serious illness of a suspect, accused, or defendant is
confirmed by the conclusion of an outpatient
examination or other medical documentation and a
stationary examination is being conducted to
determine the disease, determine the issue of
sanity, legal capacity, as well as to choose a coercive
measure of a medical nature, the proceedings may
be suspended during the period of placement of a
person in a medical institution, provided that there
is no need to perform other procedural actions.
The requirements of this norm do not provide for a
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clearly defined procedure on the grounds provided
for in Articles 364, 405, and 420 of the Criminal
Procedure Code of the Republic of Uzbekistan,
which regulate the issue of suspension of the
preliminary investigation. When analyzing this
issue, it becomes clear that there is a lack of
systematicity in determining the grounds for
terminating a criminal case by the courts.
In the current Criminal Procedure Code, the
regulatory framework on this issue is set out
separately in various articles and resolutions of the
Plenum of the Supreme Court of the Republic of
Uzbekistan. As a result, various approaches emerge
in the application of existing rules for terminating
criminal proceedings in judicial practice. This
diversity, in turn, can lead to different
interpretations of legal norms that are applied
equally in practice.
Therefore, regulating these regulatory provisions
and bringing them into a unified system is of
paramount importance. In particular, it is
necessary to unify the grounds for terminating a
criminal case in Article 420 of the Criminal
Procedure Code and expand the content of this
article. This approach provides a number of
important results:
- First of all, a unified practice will be formed in the
application by the courts of the rules on the
suspension of criminal proceedings.
- Secondly, it will make it possible to increase the
transparency of judicial and legal activities and
ensure a unified approach to the validity of court
decisions.
Thirdly, this method serves to prevent legal
disputes arising from the misinterpretation of
procedural norms by judges.
Therefore, the consolidation of all grounds for
terminating a criminal case in a unified manner in
Article 420 of the Criminal Procedure Code and the
expansion of this article will serve to ensure legal
certainty and consistency in judicial practice and
law enforcement. At the same time, such an
approach will be an important step towards further
improvement of the judicial system.
Based on the above texts, the following conclusion
can be drawn: The mechanism for the suspension
and restoration of criminal cases is one of the
important elements of the judicial process. The
termination of the case by the court should be
carried out only on the basis of legal grounds and
procedural norms. These processes are based on
reasons such as changing the accusation, revealing
new circumstances, or incomplete proof of the
accusation. Every court decision must be fair and
impartial in accordance with legal principles. The
suspension process requires effective interaction
between the court and the prosecutor's office,
which ensures the full implementation of the
criminal process. It also plays an important role in
ensuring the legal basis for the termination of
criminal cases, the implementation of justice, and
the rule of law.
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