Domestic implementation of international criminal law
Republic of Uzbekistan
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Crimes Crime of Aggression / Crimes against Peace
Section Two, Chapter 8 of the Criminal Code of the Republic of Uzbekistan of 1994 concerns Crimes against Peace and Humanity. Articles 150 and 151 provide as follows in respect of crimes against peace
"Article 150. Propaganda of War
See:
Propaganda of war, that is, any form of dissemination of views, ideas or calls with the purpose of making aggression of one country against another one —
shall be punished with imprisonment from five to ten years.
(As amended by Law of 29.08.2001.)
Article 151. Aggression
Planning or preparation of aggressive war or engagement in conspiracy in order to execute the said actions —
shall be punished with imprisonment from ten to fifteen years.
(As amended by Law of 29.08.2001.)
The commencement or conduct of aggressive war —
shall be punished with imprisonment from fifteen to twenty years, or capital punishment.
(As amended by Law of 29.08.2001.)Criminal Code of the Republic of Uzbekistan. No. 2012-XII, 22 September 1994
OSCE Office for Democratic Institutions and Human Rights. [ENG]Crimes Against Humanity
No specific provision.
Genocide
Article 153 of the Criminal Code of the Republic of Uzbekistan of 1994 provides:
Article 153. Genocide
See:
Genocide, that is, intentional creation of such living conditions that lead to physical destruction of a group of individuals, in full or in part, on the basis of its ethnic origin, race, or religion, their physical destruction in full or in part, forced reduction of childbirths, or transfer of children from one of these human groups to another, and giving orders to carry out such acts —
shall be punished with imprisonment from ten to twenty years, or capital punishment.
(As amended by Law of 29.08.2001.)Criminal Code of the Republic of Uzbekistan. No. 2012-XII, 22 September 1994
OSCE Office for Democratic Institutions and Human Rights. [ENG]War Crimes
War crimes are provided for under Chapter 8 Crimes against Peace and Humanity, Articles 152 and 154 of the Criminal Code of the Republic of Uzbekistan of 1994.
Article 152. Breach of Laws and Customs of War
See:
Breach of laws and customs of war by tormenting, physical destruction of civilian population or prisoners of war, forced relocation of civilian population for forced labor or with other purposes, application of weapons prohibited under international law, purposeless destruction of cities and populated localities, despoilment of property, and giving orders to carry out such actions —
shall be punished with imprisonment from ten to twenty years.
(As amended by Laws of 29.08.1998 and 29.08.2001.)
Article 154. Mercenary
Mercenary, that is, participation of a person in an armed conflict or military actions for the purpose of obtaining remuneration or other personal benefits, in the instance when the said person is not a national or military serviceperson of a country participating in the armed conflict, or is not a permanent resident of the territory being under control of a party to the conflict, or not authorized by any state to perform official duties in armed forces —
shall be punished with imprisonment from five to ten years.
(As amended by Law of 29.08.2001.)Criminal Code of the Republic of Uzbekistan. No. 2012-XII, 22 September 1994
OSCE Office for Democratic Institutions and Human Rights. [ENG]
Jurisdiction ◼ Territorial and extraterritorial jurisdiction is provided for under articles 11 and 12 of the Criminal Code of Uzbekistan:
Article 11. Application of Criminal Code to Persons Having Committed Crimes in Territory of Uzbekistan
◼ Miscellaneous provisions of the Criminal Code applying to crimes against peace, genocide and/or war crimes:
A person, who committed a crime in the territory of Uzbekistan, shall be subject to liability under this Code.
A crime committed on the territory of Uzbekistan shall be an act:a. commenced, completed, or interrupted on the territory of Uzbekistan;
In the instance of commission of a crime on an aircraft, sea-craft or river—craft being outside the borders of Uzbekistan and outside the borders of a foreign State, the liability thereof shall be incurred by this Code, if the craft flies the flag of and committed to the port of Uzbekistan.
b. committed outside Uzbekistan with the effect thereof being available on the territory of Uzbekistan;
c. committed on the territory of Uzbekistan with the effect thereof being available outside the borders of Uzbekistan;
d. belonging to a cumulative crime with a part thereof committed on the territory of Uzbekistan.
An issue of liability of foreign citizens, who, in accordance with the current laws, international treaties or agreements are out of the jurisdiction of courts of Uzbekistan, in the instance of commission of a crime on the territory of Republic of Uzbekistan, shall be resolved on the basis of international law.
Article 12. Application of Criminal Code in Respect of Persons Who Committed Crimes outside Uzbekistan
National of the Republic of Uzbekistan, as well as stateless persons permanently residing in Uzbekistan, shall be liable for crimes committed in the territory of another State, if they have not been sentenced by a court of the state, on whose territory the crime was committed.
An Uzbek national may not be extradited for a crime committed on the territory of a foreign State, unless otherwise is not envisaged by international treaties or agreements.
Foreign nationals, as well as stateless persons, not permanently residing in Uzbekistan, for crimes committed outside its territory, shall be liable under this code if otherwise is envisaged by international treaties or agreements.Article 51. Capital Punishment
See:
Capital punishment through firing shall be imposed exclusively for an intentional aggravated killing (Paragraph 2 of Article 97), aggression (Paragraph 2 of Article 151), genocide (Article 153), and terrorism (Paragraph three of Article 155).
Capital punishment may not be imposed on a man aged above sixty, a woman, and a person committed a crime in the age under eighteen years.
(Paragraphs 1 and 2 — as amended by the Law of 29.08.2001).
By an act of amnesty, capital punishment was commutated by imprisonment for twenty-five years.
Article 69. Discharge due to Expired of Term of Execution
Convicted shall be discharged from both primary and additional penalty, if a sentence has not been executed during the following terms from a date of its coming into effect:a. three years — in the instance of sentencing to imprisonment up to three years or other non—custodial penalty;
If convicted evade from serving a sentence, the terms of execution envisaged in this Article may be subject to duplication and calculation from a date of evasion, but may not exceed twenty-five years.
b. five years — in the instance of sentencing to up to five-year imprisonment;
c. ten years — in the instance of sentencing to up to ten-year imprisonment;
d. fifteen years — in the instance of sentencing to at least ten-year imprisonment.
A term of execution shall be saved, if before expiration of the terms established by this Article a person commits a new intentional crime. In such instances, calculation of term of execution shall start de novo from a moment of commission of a new crime.
A penalty may not be executed, if twenty-five years have elapsed since infliction thereof.
An issue of application of term of execution to a person sentenced to a capital punishment shall be resolved by a court. If a court abstains from application of a term of execution, a capital punishment may be commutated to imprisonment.
Terms of execution envisaged by this Article shall not be applied to persons, who committed crimes against peace and humanity. [Emphasis added]
Article 73. Conditional Early Release from Serving Penalty
Conditional early release may be applied to persons convicted to imprisonment, committing to a disciplinary unit, suspension from office, or correctional labor. A person may be released from unserved additional penalty as well.
Conditional early release may be applied to convicted in the instance if he meets requirements of established order of penalties referred to in Paragraph 1 of this Article and bona fide labor.
Conditional early release may be applied after actual completion by convicted of:a. at least a third of a term of penalty inflicted by a court for a crime of a minor social danger of a less serious crime;
(As amended by the Law of 29.08.2001).
b. at least a half of a term of penalty inflicted by a court for a serious crime as well as for an intentional crime, if a person was previously convicted to imprisonment for an intentional crime;
c. at least two-thirds of a term of penalty inflicted by a court for a especially serious crime as well as for a person conditionally early released previously from serving a penalty, or a person, to whom a penalty was mitigated, and who committed a new intentional crime during unserved term of penalty.
Conditional early release shall not be applied to:a. a person, to whom capital punishment was commutated to imprisonment as a pardon;
to a person convicted for an aggravated intentional killing, rape, or forced sexual intercourse in unnatural form in respect of a victim known to be under fourteen of age, crimes against the Republic of Uzbekistan, peace and humanity, setting-up of a criminal community, for smuggling of nuclear, chemical, biological, and other weapons of mass destruction, materials and equipment known to be used for production thereof, as well as smuggling of drugs and psychotropic substances, illegal trafficking of drugs and psychotropic substances in large amount. (As amended by the Law of 20.08.1999).
b. a special dangerous recidivist;
c. a head for or/and participants of an organized criminal group or community;
If a person, to whom a conditional early release was applied, during unserved term of a penalty, commits a new intentional crime, a court shall inflict a penalty as envisaged by Article 60 of this Code.Criminal Code of the Republic of Uzbekistan. No. 2012-XII, 22 September 1994
OSCE Office for Democratic Institutions and Human Rights. [ENG]
International Criminal Court
Rome Statute of the International Criminal Court: The Republic of Uzbekistan signed the Rome Statute of the International Criminal Court on 29 December 2000. The Republic of Uzbekistan is not a state party to the Rome Statute of the International Criminal Court.
Constitution of the Republic of Uzbekistan. (Adopted on December 8, 1992. With Amendments through 2014). [ENG]. [Last accessed 08Mar17]. [External Link]
Constitution of the Republic of Uzbekistan. (Adopted on December 8, 1992. With Amendments through 2011).
Comparative Constitutions Project, University of Texas at Austin. [ENG]. [Last accessed 08Mar17]. [External Link to pdf document]
Criminal Procedure Code of the Republic of Uzbekistan
(Tashkent, September 22, 1994. No. 2012-XII)
OSCE Office for Democratic Institutions and Human Rights. [ENG]. [Last accessed 08Mar17]. [External Link]
Национальная база данных законодательства Республики Узбекистан
(National Database of Legislation of the Republic of Uzbekistan)
Center for Legal Information under the Ministry of Justice of the Republic of Uzbekistan. [RUS]. [Last accessed 08Mar17]. [External Link]
Legal Guide to Uzbekistan
(U.S. Law Library of Congress). [ENG]. [Last accessed 08Mar17]. [External Link]
List of International Humanitarian Law Treaties to which Uzbekistan is a State party
(International Committee of the Red Cross). [ENG]. [Last accessed 08Mar17]. [External Link]