Draft law: Powers to conduct searches, wiretapping and seizure of property will be transferred from prosecutors to courts

POLITICS 14:27 / 05.05.2023 160218

The bill envisages amendments and additions to the law “On the prosecutor’s office” and the Criminal Procedural Code of the Republic of Uzbekistan.

In accordance with them, the following procedure is being established:

•  submission by the prosecutor to the court of a motion to conduct a search, listen to telephone conversations, and seize property;
•  transferring the authority to conduct searches, wiretapping and seizure of property from prosecutors to courts;
•  consideration of materials on court search, wiretapping and seizure of property, as well as materials of this category in appeal proceedings;
•  changing the appointed preventive measure to a bail preventive measure, provided that it exceeds the amount of the damage caused as a result of the crime or its unreimbursed part.

The document notes that through the proposed amendments and additions:

•  an effective mechanism for ensuring the legal rights and freedoms of citizens will be created;
•  in the national legislation, the sphere of influence of the institution of “habeas corpus” will be expanded and judicial control over the investigation will be strengthened;
•  it will be possible to improve Uzbekistan’s position in international rankings and indices, including the position of the Rule of Law index in the structural indicators of Criminal Justice.

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