CRIMINAL LAW AND CRIMINAL PROCEDURE

The right to defence in the criminal procedure of the Republic of Uzbekistan: legal framework, Implementation challenges, and prospects for improvement

Abstract

This article undertakes a comprehensive examination of the procedural regulation and practical implementation of the criminal defense function. Employing descriptive and comparative methodologies, the author rigorously analyzes relevant legislative acts, scholarly legal and academic literature, and the diverse perspectives of legal experts. The study identifies the critical importance of ensuring the right to defense for suspects, accused persons, and defendants. It emphasizes that their procedural rights must be intrinsically linked with the corresponding obligations of the inquirer, investigator, prosecutor, and court to facilitate the effective exercise of these rights. The article conceptualizes the guarantee of the right to defense for suspects, accused persons, and defendants as a cohesive body of procedural rights. These rights empower individuals to defend themselves against charges, either personally or through the assistance of a defense lawyer. The research highlights the crucial obligation to clearly explain these rights to individuals and to implement measures that provide them with a genuine opportunity to utilize all legally stipulated means and methods to mount an effective defense against the charges leveled against them. This obligation is explored as a fundamental guarantee within our criminal procedural legislation. Finally, the concluding section of the article offers scientific and theoretical proposals aimed at enhancing the provision of the right to defense in criminal proceedings, alongside practical considerations for improving current legal practice.