THE ROLE AND DEVELOPMENTAL TRENDS OF THE PRELIMINARY INVESTIGATION INSTITUTION IN CRIMINAL PROCEDURAL LAW
- Authors
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Xasanov Boburbek Utkir o’gli
Karakalpak State University named after Berdakh, Uzbekistan -
Boburbek Khasanov Utkir ugli
Karakalpak State University named after Berdakh, Uzbekistan
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- Keywords:
- Preliminary investigation, criminal procedure code, suspension of investigation, reopening of criminal cas, investigation period, rights of the accused
- Abstract
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Objective: This study investigates the theoretical foundations, legislative developments, and procedural tools that shape the preliminary investigation phase under Uzbekistan’s Criminal Procedure Code, aiming to evaluate its effectiveness, legality, and alignment with international standards. Method: A qualitative legal analysis was conducted through a review of statutory provisions, comparative legal practices, and doctrinal literature, supported by examination of recent reforms and practical challenges in investigative procedures. Results: The findings indicate that clear jurisdictional rules enhance specialization and case efficiency, while mechanisms for suspension and resumption of investigations uphold procedural continuity. However, the three-month investigation timeframe is often inadequate, and limitations persist regarding investigator independence and legality of investigative actions. Increased public participation and strengthened prosecutorial oversight are identified as essential for ensuring transparency and legal protection. Novelty: This research provides a comprehensive evaluation of preliminary investigation mechanisms in Uzbekistan, highlighting both structural weaknesses and progressive reforms. It offers novel insights into optimizing procedural guarantees and proposes practical solutions such as enhanced training, international cooperation for extradition, and institutional accountability to uphold human rights and legal certainty in criminal justice.
- References
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[1] J. Sprack, A Practical Approach to Criminal Procedure, 13th Oxford University Press, 2012.
[2] H. R. Dammer и J. L. Albanese, Comparative Criminal Justice Systems, 5th Wadsworth, 2013.
[3] S. Jiang, Comparative Criminal Procedure: History, Processes and Case Studies. Carolina Academic Press, 2016.
[4] P. Roberts и A. Zuckerman, Criminal Evidence. Oxford University Press, 2010.
[5] A. Sanders, R. Young, и M. Burton, Criminal Justice, 4th изд. Oxford University Press, 2010.
[6] Republic of Uzbekistan, «Criminal Procedure Code of the Republic of Uzbekistan». 1994 г.
[7] U. A. Tuxtasheva и др., Criminal Procedure Law: Textbook. Tashkent State University Press, 2019.
[8] E. Cape, Z. Namoradze, R. Smith, и T. Spronken, Effective Criminal Defence in Europe. Intersentia, 2010.
[9] P. J. van Koppen, «Miscarriages of Justice in Inquisitorial and Adversarial Systems», J. Forensic Psychol. Pract., сс. 1–23, 2009, doi: 10.1080/15228930802573267.
[10] A. Ashworth и M. Redmayne, The Criminal Process: An Evaluative Study, 4th изд. Oxford University Press, 2014.
[11] G. Slapper и D. Kelly, The English Legal System, 13th Routledge, 2011.
[12] J. Hodgson, «The Future of Adversarial Criminal Justice in 21st Century Britain», Crim. Law Rev., сс. 711–727, 2006.
[13] M. McConville и G. Wilson, The Handbook of the Criminal Justice Process. Oxford University Press, 2005.
[14] J. D. Jackson и S. Summers, The Internationalisation of Criminal Evidence: Beyond the Common Law and Civil Law Traditions. Cambridge University Press, 2018.
[15] M. Findlay и R. Henham, Transforming International Criminal Justice. Willan Publishing, 2013.
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- 2025-07-06
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Copyright (c) 2025 Xasanov Boburbek Utkir o’gli, Boburbek Khasanov Utkir ugli

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