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Uzbekistan 27/02/2025 Uzbekistan proposes criminal liability for disclosing information from closed court hearings

Uzbekistan proposes criminal liability for disclosing information from closed court hearings

Tashkent, Uzbekistan (UzDaily.com) — On 25 February, the Legislative Chamber of the Oliy Majlis approved in the first reading a draft law introducing criminal liability for the disclosure of information considered in closed court hearings.

According to Shukhrat Polvanov, Deputy Chairman of the Supreme Court and Chairman of the Judicial Collegium for Economic Affairs, the need for this legislation arose due to problems in current judicial practice and is based on a letter from the Presidential Administration dated September 23, 2024.

He noted that in recent years, judicial reforms have improved the transparency of the court system: citizens can participate in proceedings, and court decisions are published openly. However, despite these changes, participants in closed hearings often disclose information about cases without a judge’s permission.

Under Article 19 of the Criminal Procedure Code, certain cases may be heard in closed sessions. The court has the discretion to allow the presence of close relatives of the defendant and the victim, as well as other individuals, after warning them about the prohibition on disclosing information revealed during the proceedings.

Polvanov emphasized that current legislation does not contain a provision imposing liability for disseminating such information. At present, only Article 239 of the Criminal Code provides punishment for disclosing investigative or pre-trial information without the permission of an investigator, inquiry officer, or prosecutor. Penalties range from a fine of up to 50 base calculation units (18.75 million soums) to corrective labor for up to three years, restriction of freedom, or imprisonment for up to three years.

According to a resolution of the Plenum of the Supreme Court of Uzbekistan dated February 21, 2020, abuse of the right to record court proceedings is considered a violation of courtroom order. In such cases, the court may apply legal sanctions. However, the Deputy Head of the Supreme Court pointed out that Article 271 of the Criminal Procedure Code (on liability for violating procedural obligations) and other provisions regulating court procedures do not include penalties for disseminating information without court authorization.

The Civil Procedure Code, the Economic Procedure Code, and the Administrative Proceedings Code establish the right to hold court hearings in closed session when cases involve state secrets, other legally protected confidential information, or special circumstances requiring confidentiality.

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