GENERAL PART
SECTION FOUR. PENALTY AND ITS PURPOSE
CHAPTER 10. NOTION, PURPOSES AND TYPES OF PENALTY
Article 42. Notion, Purposes, and Types of Penalty
Penalty shall be a publicly imposed by a court sentence measure of compulsion on a person found guilty in commission of a crime, and shall consist in limitation of certain rights and freedoms of a convicted person.
Penalty shall be imposed for correction, suppression of further criminal activities, as well as prevention of commission of new crimes by a convicted person, and by other individuals.
Article 43. System of Penalties
The following primary penalties may be imposed on persons who is found guilty in commission of crimes:
a. fine;
b. deprivation of certain right;
c. correctional labor;
d. suspension from office
e. arrest;
f. committing to a disciplinary unit;
g. imprisonment;
h. capital punishment.
In addition to the primary penalties, a convicted person may be imposed on an additional penalty of deprivation of a military or special rank. (As amended by the Law of 29.08.2001).
Penalties of suspension from office or committing to a disciplinary unit shall be imposed only on the military servicemen. Deprivation of certain right may be imposed both as a primary and an additional punishment.
Article 44. Fine
Fine shall be a pecuniary penalty imposed on a guilty person as extendi facias in amounts envisaged by this Code.
Fine shall be imposed in amount from five to six hundred minimal monthly wages. (As amended by the Law of 29.08.2001).
In the instance of evasion paying the fine imposed as a penalty, a court shall, within a three-month limit, substitute non-paid part of the fine with a correctional labor, suspension from office, or arrest. In such instance, imposed correctional labor and suspension from office shall be calculated by the ratio: one month for an amount of the fine equal to two minimal month salary, for the term not exceeding two years, and imprisonment – by the ratio: one month for an amount of the fine equal to ten minimal month salary, for the term not exceeding six years.
Article 45. Deprivation of Certain Right
Deprivation of certain right shall be restriction to a guilty person, in a time limit defined by a court, to hold office at enterprises, agencies or organizations, or undertake some specific activities. Types of such an office or activities shall be defined by a court by rendering of a sentence.
Deprivation of certain right shall be imposed for crimes directly related to an office held by a guilty person or his activities, from one to five years as a primary penalty, and from one to five years as an additional one.
If deprivation of certain right is not imposed on a guilty person as a primary penalty, it may be imposed by a court as an additional penalty to any type of penalty envisaged by an appropriate Article of the Special Part of this Code.
When imposing deprivation of certain right as an additional penalty to imprisonment, committing to a disciplinary unit, or imprisonment, it shall be applied to the whole term of serving a primary penalty and, moreover, to a term established by a sentence. When imposing of such a penalty as an additional to other primary penalties and in the instance of suspended sentence, a term thereof shall be calculated from the moment of entering into effect of a sentence.
Article 46. Correctional Labor
Correctional labor shall be compulsory engagement of a person in labor with deduction of ten to thirty per cent of his salary to the State, to be served in accordance with a court sentence, at the place of employment or other places determined by agencies in charge of execution of penalty.
Correctional labor shall be imposed for the term from six months to three years.
Correctional labor shall not be imposed on a person of pension age, disabled, pregnant, in maternity leave, or on military service.
In the instance of evasion of serving a total of one tenth of an imposed term of correctional labor, a court shall substitute a non-served term with imprisonment for the same term. A time of evasion shall not be credited for time of serving of a sentence.
Article 47. Suspension from Office
Suspension from office shall be a temporary deprivation, for a term defined by court, of a military officer, ensign, warrant officer, contract military serviceman, of certain rights and benefits with deduction of ten to thirty per cent of pay by the State.
Suspension from office shall be imposed for the term from two months to two years in the cases envisaged by an Article of the Special Part of this Code. For commission of a crime of a minor social danger, or for a reckless crime with no grave consequences, a court may, taking into consideration circumstances of the case and the personality of the convicted, instead of imprisonment for less than three years, arrest, or correctional labor, impose suspension from office for the same term.
Serving a penalty of suspension from office, convicted may not be promoted in office and in military or special rank, and that time may not be credited for time promotion and long service pension.
Article 48. Arrest
Arrest shall be holding a person in a strict isolation from one to six months. (As amended by Law of 27.12.1996).
Article 49. Committing to Disciplinary Unit
Committing to a disciplinary unit shall be temporary deprivation of a military serviceman of enlisted status, for a term defined by court, of certain rights and benefits through committing him to a special military unit with a stricter regime.
Committing to a disciplinary unit shall be applied for a term from three months to one year, in the instances envisaged by an Article of the Special Part of this Code. A court may, taking into consideration circumstances of the case and the personality of the convicted, instead of imprisonment for less than three years, impose committing to a disciplinary unit the same term.
Article 50. Imprisonment
Imprisonment shall be isolation of convicted through committing him to a colony of execution of penalty or a prison. Imprisonment shall be imposed for a term from six months to twenty years.
Imprisonment for up to twenty-five years may be imposed by joinder of penalties in the cases envisaged by Article 60 of this Code.
Imprisonment for men aged above sixty and women may not exceed three quarters of a maximum term of imprisonment envisaged by an appropriate Article of The Special Part of this Code. (As
amended by the Law of 29.08.2001).
Penalty of imprisonment sentence for men shall be served:
a. for convicted for imprisonment for not socially dangerous, or less serious, or reckless crimes Ð in settled colonies;
b. for first-convicted for imprisonment for intentional less serious and serious crimes Ð in colonies of general security;
c. for convicted for specially serious crimes or previously served penalty of imprisonment for intentional crime and reconvicted for commission of an intentional crime Ð in colonies of high security;
d. for special dangerous recidivists Ð in colonies of high security. Persons, for whom capital punishment was commutated to imprisonment by an act of pardon, shall serve their sentence in colonies of high security as well.
Imprisonment sentence for women shall be served:
a. for specially serious crimes and after being recognized as special dangerous recidivists Ð in colonies of high security;
b. for not socially dangerous, or less serious, or reckless crimes Ð in settled colonies;
c. for other types of crimes Ð in colonies of general security.
(Paragraphs 5 and 6 Ð as amended by the Laws of 27.12.1996 and 29.08.2001)
Imprisonment by confinement in prison may be imposed on a part of the term of penalty not exceeding five years:
a. on special dangerous recidivists;
b. persons committed serious or especially serious crimes and convicted thereof for imprisonment for more than five years.
Article 51. Capital Punishment
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 Ð 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 52. Deprivation of Military or Special Rank
When being convicted for serious or especially serious crime, a person having a military or special rank may be deprived thereof.
When being convicted for a serious or especially serious crime, a person having a high military or special rank, or state award of the Republic of Uzbekistan, may be deprived thereof by a recommendation of court rendered on the grounds of a sentence.
Article 53. (Abolished by the Law of 29.08.2001).
National penalties - national proceedings
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