GUARANTEES AND ENSURING THE RIGHTS OF THE ACCUSED IN THE INVESTIGATION OF CRIMINAL CASES

Authors

  • Rashidov B.N. Head of the Department of Criminal Procedure Law Academy of the Ministry of Internal Affairs of the Republic of Uzbekistan, Doctor of Law, Professor
  • Radjapova L.N. Associate Professor of the Department of Criminal Procedure Law Academy of the Ministry of Internal Affairs of the Republic of Uzbekistan, Doctor of Philosophy (PhD) in Law, Associate Professor

DOI:

https://doi.org/10.37547/

Keywords:

rights of the accused, investigation process, defense lawyer, presumption of innocence, criminal procedural guarantees, judicial control, investigating judge, right to defense.

Abstract

This article analyzes the theoretical and legal foundations of the rights of the accused, existing guarantees, and the reforms being implemented in the Republic of Uzbekistan. The legal nature of key guarantees such as the presumption of innocence, the right to defense, and judicial control is examined. The article provides a comparative analysis of theoretical approaches of national and foreign scholars and gives detailed consideration to issues related to the digitalization of investigative processes and the strengthening of the role of defense lawyers.

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References

1. Constitution of the Republic of Uzbekistan. Tashkent, 2023.

2. Criminal Procedure Code of the Republic of Uzbekistan. Tashkent, 2025.

3. Universal Declaration of Human Rights (1948). Electronic source: lex.uz.

4. European Convention on Human Rights (1950). Electronic source: lex.uz.

5. Directive 2013/48/EU of the European Parliament and of the Council of 22 October 2013 on the right of access to a lawyer in criminal proceedings.

6. United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984). Electronic source: lex.uz.

7. Schabas, W. The European Convention on Human Rights: A Commentary. Oxford University Press, 2015, pp. 273–285.

8. Roxin, C. Strafverfahrensrecht. Munich: C.H. Beck, 2019, 25th ed.

9. Delmas-Marty, M. Criminal Procedure Systems in the European Community. Butterworths, 1995.

10. Trechsel, S. Human Rights in Criminal Proceedings. Oxford University Press, 2005.

11. Ashworth, A., Redmayne, M. The Criminal Process. Oxford University Press, 2010.

12. Bozhyev, V.P. Criminal Procedure: A Textbook. Moscow: Yurait, 2020.

13. Petrukhin, I.L. Individual Freedom and Criminal Procedural Coercion. Moscow: Nauka, 1985.

14. Strogovich, M.S. Course of Soviet Criminal Procedure. Moscow, 1968, Vol. 1.

15. Alekseyeva, L.B. The right to a fair trial. In: Commentary on the Convention for the Protection of Human Rights. Moscow, 2001.

16. Ryzhakov, A.P. Criminal Procedure: A Textbook. Moscow: Norma, 2018.

17. European Court of Human Rights. Barbera, Messegue and Jabardo v. Spain (1988).

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Published

2026-01-31

How to Cite

GUARANTEES AND ENSURING THE RIGHTS OF THE ACCUSED IN THE INVESTIGATION OF CRIMINAL CASES. (2026). International Bulletin of Applied Science and Technology, 6(1), 167-170. https://doi.org/10.37547/

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