Illegal transfer or withdrawal of funds from entrepreneurs’ accounts can lead to criminal liability

BUSINESS 12:53 / 11.05.2023 43133

The President signed the law “On the introduction of additions and amendments to certain legislative acts of the Republic of Uzbekistan aimed at ensuring the inviolability of funds in the bank accounts of entrepreneurs”, according to which the Criminal Code was supplemented with Article 192-12 as follows:

“Article 192-12. Illegal transfer or withdrawal of funds or their untimely return

Illegal transfer or withdrawal of funds from bank accounts of business entities without their consent or untimely return of excessively collected funds in the absence of signs of theft, committed after the application of an administrative penalty for the same actions, -

shall be punishable by a fine of 200 to 300 BCAs, or deprivation of a certain right up to 3 years, or compulsory public works from 300 to 360 hours, or correctional labor up to 3 years, or imprisonment up to 3 years.

The same actions committed:

a) causing major damage;

b) by prior agreement by a group of persons, is punishable by a fine of 300 to 500 BCAs, or restraint of liberty from 3 to 5 years, or imprisonment from 3 to 5 years, with deprivation of certain right from 1 to 3 years.

The same actions committed:

a) causing particularly large damage;

b) in the interests of an organized group, is punishable by a fine of 500 to six 600 BCAs, or imprisonment from 5 to 7 years, with deprivation of certain right from 1 to 3 years.

In case of compensation for material damage caused, punishment in the form of restriction of liberty and imprisonment shall not be applied.

The Administrative Responsibility Code is supplemented by Article 241-9 as follows:

“Article 241-9. Illegal transfer or withdrawal of funds or their untimely return

Illegal transfer or withdrawal of funds from bank accounts of business entities without their consent or untimely return of overly collected funds in the absence of signs of petty theft – entails a fine of 20 to 40 BCAs.

The law comes into force after three months from the date of its official publication.

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