June 30 2007
Text of the law of the Republic of Uzbekistan On introducing changes and amendments to certain legislative acts of the Republic Uzbekistan in connection with abolition of capital punishment
Text of the law of the Republic of Uzbekistan On introducing changes and amendments to certain legislative acts of the Republic Uzbekistan in connection with the abolishment of the death penalty
Accepted by the Legislative chamber on 15 June 2007
Approved by the Senate on 29 June 2007
Article 1. Amend the Criminal code of the Republic of Uzbekistan, approved by the Law of the Republic of Uzbekistan from September 22, 1994,
¹ 2012-XII (Sheets of the Supreme Council of the Republic of Uzbekistan, 1995, ¹1, art.3; Sheets of the Oliy Majlis of the Republic of Uzbekistan, 1996, ¹ 9, Art. 144; 1997, ¹ 2, Art. 56, ¹ 9, Art. 241; 1998, ¹ 5-6, Art. 102, ¹ 9, Art. 181; 1999, ¹ 1, Art. 20, ¹ 5, Art. 124, ¹ 9, Art. 229; 2000, ¹ 5-6, Art. 153; 2001, ¹ 2, Art. 23, ¹ 9-10, Art. 165; 2002, ¹ 9, Art. 165; 2003, ¹ 1, Art. 8, ¹ 9-10, Art. 149; 2004, ¹ 1-2, Art. 18; ¹ 9-10, Art. 149; Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan 2005, ¹ 9, Art. 314, ¹ 12, Articles. 417, 418; 2006, ¹ 6, Art. 261) with the following changes and amendments:
1) replace the words «or the death penalty» in the fifth part of article 15 with the words «or lifetime imprisonment»;
2) replace the words «death penalty» in clause «ç» of the first part of article 43 to with the words «lifetime imprisonment»;
3) in Article 50:
add in the second part the words «except for the cases stipulated by the third part of this article»;
add the third and the fourth parts with the following contents:
«Long term imprisonment is comprised of over twenty, but no more than twenty five years, for deliberate murder under aggravating circumstances (the second part of article 97) and terrorism (the third part of article 155).
Long term imprisonment cannot be imposed on a man aged above sixty, a woman, and a person who committed a crime in the age under eighteen years»;
Consider parts the fourth – the ninth accordingly as parts the fifth – the tenth;
In clause «ã» of the part six the words «persons, who’s death penalty sentence is replaced by imprisonment by the way of pardon» replace with the words «sentenced to lifetime imprisonment, and also persons who’s lifetime imprisonment is replaced to imprisonment by the way of pardon»;
4) article 51 shall be stated as following:
«Article 51. Lifetime imprisonment
Lifetime imprisonment is an exclusive measure of penalty which consists of a termless isolation of the convict from a society by means of a premise in a colony on execution of penalty of a special mode.
Lifetime imprisonment can be imposed only for deliberate murder under aggravating circumstances (part two of article 97) and terrorism (part three of article 155).
Lifetime imprisonment cannot be imposed on a man aged above sixty, a woman, and a person who committed a crime in the age under eighteen years »;
5) in article 58:
Add part two with the following contents:
«Lifetime imprisonment cannot be imposed as a penalty for uncompleted crime»;
consider part two as part three;
6) in article 59:
Add parts four and five with the following contents:
«In the instance of imposing a penalty in terms of a lifetime imprisonment for one of the committed crimes, the final penalty is imposed by the absorption of a less strict kind of a penalty by lifetime imprisonment.
In the instance of imposing of a long term imprisonment for one of the committed crimes, the final penalty is imposed by the way of total or partial joinder of penalties or by absorption of a less strict penalty by more strict one»;
To consider parts the fourth, the fifth and the sixth accordingly as parts the sixth, the seventh and the eighth;
7) in article 60:
Add parts three and four with the following contents:
«If one of verdicts imposes the penalty in the form of lifetime imprisonment, then in the joinder of penalties on several verdicts the final penalty is imposed by the absorption of less strict kind of a penalty by lifetime imprisonment.
If one of verdicts imposes a long term imprisonment, then in the joinder of penalties on several verdicts the final penalty is imposed by the absorption of less strict kind of a penalty by the way of total or partial joinder of penalties or by absorption of a less strict penalty by more strict one»;
Parts the third and the fourth to consider accordingly as parts the fifth and the sixth;
8) part six of article 64 shall be stated as following:
«An issue of application of the expired term of execution to a person, who has committed a crime, for which the Special part of the present Code allows the imposing of a lifetime imprisonment, shall be decided by a court. If the court shall not find it possible to apply the expired term of conviction, the lifetime imprisonment is replaced by imprisonment»;
9) part five of article 69 shall be stated as following:
«An issue of application of the expired term of execution to a person, who committed a capital punishment under an Article of the Special Part of this Code, shall be decided by a court. If a court abstains from imposing a capital punishment, it shall be commutated to imprisonment »;
10) in part four of article 73:
clause «a» shall be stated as following:
«a) to the person, sentenced to lifetime or long term imprisonment;
in clause «ã» exclude the words «as well as drugs and psychotropic substances, illegal sale of drugs and psychotropic substances in large amounts»;
11) add in article 76 parts three and four with the following contents:
«The suit for pardon can be submitted by the person convicted to lifetime imprisonment after actual serving of twenty five years of the imposed penalty, and in case if, in serving the time, the convict has firmly followed the way of correction, has no summary of penalties for infringements on the established mode, honestly dedicates to work and training, takes active participation in carrying out of educational actions - after actual serving of twenty years imposed by the penalty.
Appeal for pardon can be submitted by a person sentenced to long prison term after de facto completion of 20 years of the imposed sentence, yet in cases where a convict during the period of imprisonment demonstrates a substantial improvement, does not receive disciplinary punishment for violating the established rules, maintains conscientious attitude towards work and education, actively participates in conducting correctional education measures - after de facto completion of 15 years of the imposed sentence”;
12) in substantive provision of the second part of the Article 97 replace words “twenty years or death penalty” by words “ twenty five years or life imprisonment”;
13) in substantive provision of the third part of the Article 155 replace words “twenty years or death penalty” by words “ twenty five years or life imprisonment”.
Article 2. Introduce into Criminal-Procedural Code of the Republic of Uzbekistan, approved by the Law of the Republic of Uzbekistan ¹2013-XII adopted on 22 September 1994 (Bulletin of the Supreme Council of the Republic of Uzbekistan, 1995, ¹2, p.5; Bulletin of the Oliy Majlis of the Republic of Uzbekistan, 1995, ¹12, p.269; 1997, ¹2, p.56, ¹9, p.241; 1998, ¹5-6, p.102, ¹9, p.181; 1999, ¹1, p.20, ¹5, p.124, ¹9, p.229; 2000, ¹5-6, p.153, ¹7-8, p.217; 2001, ¹1-2, p.11 and 23, ¹9-10, p. 165 and 182; 2002, ¹9, p.165; 2003, ¹5, p.67; 2004, ¹1-2, p.18, ¹9-10, p.149; Bulletin of the chambers of the Oliy Majlis of the Republic of Uzbekistan 2005, ¹12, p.418; 2006, ¹6, p.261) the following changes:
1) in item 4 of the first part of the article 51 replace the words “death penalty is imposed” by words “life imprisonment is imposed”
2) in the fourth part of the article 473 replace the words “death penalty” by words “- life imprisonment”.
Article 3. Introduce into Criminal-Executive Code of the Republic of Uzbekistan, approved by the Law of the Republic of Uzbekistan ¹409-I adopted on 25 April 1997 (Bulletin of the Oliy Majlis of the Republic of Uzbekistan 1997, ¹6, p.175; 2003, ¹5, p.67; 2004, ¹9-10, p.149) the following changes:
1) delete the third part of the Article 12;
3) in the second part of the article 14 replace the words “death penalty” by words “life imprisonment”;
4) the text of the Article 49 shall be stated as following:
“The strict regime colonies are designated for imprisonment of sentenced male convicts considered specially dangerous recidivists and sentenced to life imprisonment.
Male convicts whose life imprisonment was replaced by imprisonment on the basis of pardoning are also kept in the strict regime colonies”;
5) the third paragraph of the second part of the Article 58 shall be stated as following:
“convicts whose life imprisonment was replaced by imprisonment on the basis of pardoning”;
6) the third paragraph of the third part of the Article 82 shall be stated as following:
“convicts sentenced to life imprisonment and also convicts whose life imprisonment was replaced by imprisonment on the basis of pardoning”;
7) the third paragraph of the third part of the article 113 shall be stated as following:
“persons sentenced to long term imprisonment and also persons whose life imprisonment was replaced by imprisonment on the basis of pardoning”;
8) the third paragraph of the first part of the article 120 shall be stated as following:
“to life imprisonment, and also persons to whom by way of pardon life imprisonment is replaced by imprisonment”
9) Section V shall be stated as following:
“Section V. EXECUTION OF PUNISHMENT IN THE FORM OF LIFE IMPRISONMENT
Chapter 24. Order and conditions of execution of punishment in the form of life imprisonment
Article 136. Order of serving of punishment in the form of life imprisonment
Persons convicted to life imprisonment are to be kept in colonies of special regime with special conditions of confinement. The regime of colony with special regime is to be applied with regard to them taking into account the particularities stipulated under this chapter.
Persons convicted to life imprisonment are to be accommodated in prison cells of no more than two persons. Under a request of a convicted person or if in case necessity they can be kept in solitary cell.
Persons convicted to life imprisonment are to serve punishment in strict, regular and facilitated conditions of confinement.
Persons convicted to life imprisonment are to serve first ten years of punishment in strict conditions of confinement.
Persons convicted to life imprisonment, who have no disciplinary penalties for violations of established order, can be transferred from strict conditions of confinement to regular conditions of confinement after serving not less than ten years of sentence.
Persons convicted to life imprisonment, who have no disciplinary penalties for violations of established order, can be transferred from regular conditions of confinement to facilitated conditions of confinement after serving not less than fifteen years of sentence.
Article 137. Conditions of serving of punishment in the form of life imprisonment
Quota of a floor space for one person convicted to life imprisonment can not be less than four square meters.
Persons convicted to life imprisonment serving punishments in strict conditions of confinement have the right to monthly purchase of food stuffs and products of prime necessity for total amount of up to 75% of established rate of minimum-wage, from funds available on their personal accounts, to receive within a year one short-term appointment, one telephone conversation, one package or parcel, one postal wrapper.
Persons convicted to life imprisonment serving punishment in regular conditions of confinement have the right to monthly purchase of food stuffs and products of prime necessity for amount equal to amount of one minimum-wage established by the legislation, from funds available on their personal accounts, to receive annually one long-term and one short-term appointment, two telephone conversations, two packages or parcels, two postal wrappers.
Persons convicted to life imprisonment, serving sentences in facilitated conditions of confinement, have the right to monthly purchase of food stuffs and products of prime necessity for amount of up to one and a half size of established minimum-wage available on their personal accounts, granting within a year of one long and two short-term appointments, three telephone conversations, three packages or parcels, three postal wrappers.
Persons convicted to life imprisonment irrespective of conditions of confinement have the right to daily walk with duration of up to one and a half hour.
Article 138. The organization of work of persons convicted to
life imprisonment
Work of persons convicted to life imprisonment is organized for ones confined in working cells of regular and facilitated conditions of custody.
Article 139. Measures of promotion and disciplinary penalty
Measures of promotion stipulated in second - fifth paragraphs of Part I of Article 102 of the current Code are applied with regard to persons convicted to life imprisonment. Convicted persons transferred in due form to facilitated conditions of serving punishment, can be also granted with an additional appointment or a telephone conversation by way of promotion.
Measures of disciplinary penalty stipulated in second, third and fifth paragraphs of Part I of Article 105 of the present Code are applied with regard to persons convicted to life imprisonment. Persons convicted to life imprisonment who are found as malicious violators of established order in regular and facilitated conditions of confinement can be transferred in the following order:
From the facilitated conditions of confinement to regular or strict conditions of confinement;
From regular conditions of confinement to strict conditions of confinement.
Article 140. Submission of petition for pardon
Order of submission and consideration of a petition for pardon is established by the legislation.
A petition for pardon can be submitted by a person convicted to life imprisonment after actual serving of twenty five years of imposed punishment, and in case if during serving of punishment a convicted person is firmly embarked on a course of correction, has no disciplinary penalties for violations of established order, honest attitude to work and education, takes active part in carrying out educational activities - after actual serving of twenty years of imposed punishment.
A petition for pardon can be submitted by a person convicted to long term imprisonment after actual serving of twenty years of imposed punishment, and in case if during serving of punishment a convicted person is firmly embarked on a course of correction, has no disciplinary penalties for violations of established order, honest attitude to work and education, takes active part in carrying out educational activities - after actual serving of fifteen years of imposed punishment.
Article 141. The present Law shall enter into force as of 1 January 2008.
