Saturday, 27, February, 2021

President Shavkat Mirziyoyev signed the Amendments and Addenda to the Criminal and Criminal Procedure Codes. According to the amendments made to the Criminal Procedure Code, from the moment of actual arrest or the actual completion of the operational-search measures related to detention, a person is provided with a private meeting with a defense lawyer prior to carrying out the related procedural actions.

In addition, the receipt of requests, explanations or testimony from a suspect, accused or defendant by officials of the bodies conducting operational-search activities is carried out on the basis of the written permission of the inquiry officer, investigator, prosecutor or judge, and only with the participation of a defense lawyer (except in cases of refusal of a defense lawyer).

Also, according to the amendments to the Criminal Procedure Code, the period of detention is no more than 48 hours from the moment the person was actually detained (previously, this period was calculated from the moment the detainee was brought to the police).

The list of cases in which the participation of a defense attorney is mandatory includes the following: cases in which a preliminary hearing is held; cases in relation to persons suspected or accused of committing an especially grave crime; when considering the application of a preventive measure in the form of detention or house arrest; cases in which a plea agreement has been concluded.

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