Cases of coercion, intimidation, taking advantage of the victim's weakness were not confirmed in the actions of the defendants, Svetlana Artikova, senior advisor of Justice

The Prosecutor General's Office explained why Khorezm officials who raped children of the orphanage received only 3 years in prison "The Plenum of the Supreme Court also adopted a separate decision and confirmed crimes against honor and defined the concepts of coercion, intimidation, and taking advantage of the victim's weakness. During additional procedural actions, the situation of coercion, intimidation, taking advantage of the victim's weakness and having sex with them was not confirmed. In our opinion, the investigative body correctly qualified one defendant for his actions under Article 135, part 3, paragraph "a", - said Svetlana Artikova, Deputy Prosecutor General, Senior Adviser of Justice. Ikram Muslimov, the chairman of the judicial commission for criminal cases, said that the actions of the two officials fall into the category of crimes of low social risk. "According to the criminal law, the first part of article 128 and part 1 of article 128-1 of the criminal law, declared guilty of Masharipov and Kuryazov, belong to the category of crimes of low social risk, and both articles are punishable by imprisonment . Today, by the judgment of the Tashkent city court, they were given the maximum amount of the punishment prescribed by law. According to Article 59 of the Criminal Code, it is possible to impose a cumulative punishment by compensating the lighter punishment with a heavier one, adding it partially or completely. In part 2 of Article 59, it is noted that the punishment imposed on a person for a few crimes that do not have a great social risk does not exceed the punishment provided for in that article. For this reason, the court imposed a sentence of 3 years of imprisonment," said the Deputy Chairman of the Supreme Court. On April 11, 2023, the laws on the protection of women's and children's rights were changed. According to him, the punishments in the criminal code have been aggravated. However, the court has a limited opportunity to apply this law to Masharipov and Kuryazov, because it is noted that the criminal liability of a person is determined by the law in force at the time of the crime. They committed the crime before the current law. The law also protects his interest. Therefore, the punishment was imposed by the old version of the law, he added. Also, Ikram Muslimov reminded that the judgment issued by the Tashkent City Court is not the final point, and the parties may file a protest. "The sentence issued by the Tashkent city court is not the final sentence. If the defendant, the victim, the civil plaintiff and the defendants are dissatisfied with the court decision, they have the right to file a complaint or protest to the prosecutor. This case is considered in the cassation instance of the Supreme Court. For this reason, what is said in today's briefing does not mean the final decision on the case," said the Deputy Chairman of the Supreme Court.

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