Tashkent, Uzbekistan (UzDaily.com) - At the fourth plenary meeting of the Senate of the Oliy Majlis, the Law of the Republic of Uzbekistan “On Amending and Adding to the Code of Criminal Procedure of the Republic of Uzbekistan aimed at Strengthening the Protection of the Rights and Freedoms of Citizens Participating in the Criminal Procedure” was approved. The other day, the Law was signed by the head of state.

This Law amended the Code of Criminal Procedure of the Republic of Uzbekistan.

Firstly, in addition to examining the place where the most serious crimes were committed, searching, investigating the testimony at the scene of the incident, the investigative experiment, an addition was made that the person’s detention, refusal of the defense counsel, and a personal search carried out during the detention of the person are also subject to mandatory video recording, and other procedural actions applicable to a person suspected of committing a crime.

In turn, the Code includes a rule on the mandatory recording of the refusal of a defense lawyer by video recording, which is a protocol signed by the suspect, the accused, the defendant, as well as the lawyer, interrogating officer or investigator, or recorded in the minutes of the court session. Most importantly, the meeting of the defender in private with the client is not subject to video recording.

Secondly, the application of procedural coercive measures against the suspect, the accused and his place must be notified to one of his family members, and in their absence, to other relatives or close persons. Also, the Code obliges to inform about this at the place of work or study, instead of the term specified in the previous text (no later than 24 hours), its implementation is determined immediately.

In addition, the obligation was determined that if a detainee, a person in custody, placed under house arrest or in a medical institution is a citizen of another state, the Ministry of Foreign Affairs of the Republic of Uzbekistan must be notified immediately.

Thirdly, the requirement of binding upon the detention of a person suspected of committing a crime, prior to the initiation of a criminal case, fixing the video recording of the procedural actions applied against him is fixed.

At the same time, taking into account various situations that do not allow the use of video recording tools (detention of a person at the scene of a crime, detention of a wanted person, etc.), article 224 of the Code of Criminal Procedure stipulates that video recording is mandatory for detention exceptions.

In particular, it is established that in cases of urgency of holding a detention, personal search and seizure, their implementation without recording by video is allowed. However, given that, in practice, detention in the building of a law enforcement agency is planned in advance, it is stated that the above exception does not apply to cases of detention in a building of a law enforcement body.

It is noteworthy that the rule is strictly envisaged according to which, in cases of a person being detained without being recorded by video, an employee of a state body without fail clarifies the rights of a detainee with fixing by video after taking him to the building of a law enforcement body.

Summing up, it should be noted that the implementation of the Law serves to further strengthen the protection of the rights and freedoms of victims, witnesses and other participants in the criminal process.