It has been established that, notwithstanding the expansion of the normative framework, including as a result of the 2025 legislative reform, a significant gap persists between the declarative consolidation of the right to silence and the actual procedural mechanism for its protection. It has been determined that the Code of Criminal Procedure of the Republic of Uzbekistan contains neither a standard for proper notification of the right to silence, nor a direct rule on the inadmissibility of statements obtained in violation of this right, nor a prohibition on using the very fact of silence as evidence of guilt. Systemic shortcomings in law enforcement practice have been identified, including the formalistic nature of rights notification, the absence of an exclusionary mechanism for inadmissible evidence, and the lack of clear criteria for assessing the voluntariness of confessional statements. Contested theoretical issues concerning the legal nature of the right to silence, its relationship with the principle of *nemo tenetur se ipsum accusare*, and the procedural significance of a suspect’s silence have been examined. Specific amendments to Articles 23 and 95¹ of the Code of Criminal Procedure of the Republic of Uzbekistan are proposed, aimed at eliminating the identified legislative gaps and ensuring the consistency of sectoral legislation with constitutional guarantees.
| Mualliflar | Lutfullaeva, Madinabonu, Лутфуллаева, Мадинабону, Lutfullaeva, Madinabonu |
|---|---|
| Jurnal | Жамият ва инновациялар / Общество и инновации / Society and innovations |
| Nashr sanasi | 2026-05-25 |
| Jild | 7 |
| Son | 5/S |
| Betlar | 922-933 |
| Til | Rus |
| DOI | 10.47689/2181-1415-vol7-iss5/s-pp922-933 |
DOI: 10.47689/2181-1415-vol7-iss5/s-pp922-933 · Maqolaning asl sahifasi
право на молчание, подозреваемый, привилегия против самообвинения, презумпция невиновности, допустимость доказательств, уголовное судопроизводство, right to silence, suspect, privilege against self-incrimination, presumption of innocence, admissibility of evidence, criminal procedure, sukut saqlash huquqi, gumon qilinuvchi, o‘zini o‘zi ayblashga qarshi imtiyoz, aybsizlik prezumpsiyasi, dalillarning maqbulligi, jinoiy sud ishlarini yuritish
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