Restrictions on Specific Types of Penalty

Under the Criminal Code of the Republic of Uzbekistan, when imposing a criminal penalty on a woman, the court must take into account her pregnancy, the presence of a child under three years of age and the type of penalty concerned.

The following penalties may not be imposed on pregnant women or women with children under three years of age:

• compulsory community service;
• correctional labour.

Compulsory community service consists of unpaid socially beneficial work performed by the convicted person outside their working or study hours. Correctional labour involves withholding a prescribed amount from the convicted person’s remuneration for State revenue.

Important: these restrictions do not completely exempt a woman from criminal liability. The court may impose another penalty provided for by the Criminal Code.

Restriction on Imprisonment

A pregnant woman or a woman with a child under three years of age may not be sentenced to imprisonment for:

• an offence of minor social danger;
• an offence committed through negligence;
• an intentional less serious offence.

This rule does not exclude imprisonment for a serious or especially serious offence. In such cases, the court considers the nature and degree of social danger of the offence, the offender’s personality and other relevant circumstances.

Maximum Term of Imprisonment

The term of imprisonment imposed on a woman may not exceed two-thirds of the maximum term prescribed by the relevant article of the Special Part of the Criminal Code.

For example, if the relevant article establishes a maximum sentence of fifteen years’ imprisonment, the term imposed on a woman should, as a general rule, not exceed ten years.

This limitation applies when determining a sentence within the sanction of the relevant article and does not cancel the woman’s criminal liability.

Long-Term and Life Imprisonment

Long-term imprisonment is imposed for a period exceeding twenty years but not exceeding twenty-five years. This penalty may not be imposed on a woman.

Life imprisonment may not be imposed on women either.

A woman may not receive long-term or life imprisonment, but she may be sentenced to imprisonment for a fixed term within the limits established by law.

Mitigating Circumstance

The commission of an offence by a pregnant woman is recognised as a circumstance mitigating punishment.

When determining the sentence, the court assesses:

• the pregnancy;
• the nature and degree of social danger of the offence;
• the damage caused;
• the offender’s personality;
• other mitigating and aggravating circumstances.

Although pregnancy is a mitigating circumstance, it does not automatically exempt a person from criminal liability or punishment.