Accused as a procedural action ensuring the right to “know what he is accused of”

Аннотация

This article explores the fundamental legal PUBLISHED 14 August 2025 principle of the right to be informed of the charges VOLUME Vol.07 Issue08 2025 against an individual in criminal proceedings. It examines how this right serves as a safeguard against CITATION arbitrary prosecution and is essential for ensuring a fair Kushaev Nurali Makhmudovich. (2025). Accused as a procedural action trial. The article analyzes various legal frameworks and ensuring the right to “know what he is accused of”. The American Journal of Political Science Law and Criminology, 7(8), 23–28. case law that highlight the importance of transparency https://doi.org/10.37547/tajpslc/Volume07Issue08-03 in the accusatory process, discussing the implications for defendants' rights and the overall integrity of the COPYRIGHT judicial system. Through critical evaluation, it © 2025 Original content from this work may be used under the terms emphasizes the necessity of clear communication of of the creative commons attributes 4.0 License. accusations as a procedural action that upholds justice and protects individual liberties. Keywords: Right to know, accused, procedural action, fair trial, criminal proceedings, legal framework, transparency, defendants' rights, judicial integrity, case law. Introduction: Human rights play an important role in the socio-economic, political and spiritual life of each country, and their provision is the main criterion for the level of democratic development of society, a kind of "barometer" determining the humanity of public affairs. That is why in each country human rights and the relations associated with them are the most important issue, located at the center of all socio-economic, political and spiritual realities. It can be said without exaggeration that any society begins its development with the formation of an attitude towards ensuring human rights. One of the areas where human rights are violated most often and where a thorough approach to the issue of ensuring human rights is required is the area of criminal proceedings. In particular, there are situations when, during the implementation of criminal proceedings, the rights of an individual are violated, requiring special attention to the observance of human The American Journal of Political Science Law and Criminology 23 https://www.theamericanjournals.com/index.php/tajpslc The American Journal of Political Science Law and Criminology rights, which is reflected in national legislation. The bringing charges [1]. filing of charges as a procedural act is a form of Postponing the presentation of charges for a certain procedural relations arising at the initial stage of the period of time is contrary to international law. investigation of a criminal case between the accused According to the principle of international law, a person and state bodies and officials carrying out criminal must be informed promptly after the presentation of prosecution. The filing of charges is a formal statement charges. Article 14 of the International Covenant on Civil of the crime of which a person is accused. The filing of and Political Rights establishes that everyone has the charges against a person, that is, the indication of what right to be informed promptly and in detail in a language the accused is accused of, is considered necessary from which he understands of the nature and cause of the the point of view of the right to defense. Although the accusation against him [2]. procedural act of filing charges is interpreted as one of The question arises: why should a two-three-day period the practical manifestations of the prosecutor's be set aside for announcing a detention order after it function, it serves as a program indicating what the has been issued? Sometimes, when filing charges, person should be protected from. investigators are not concerned with ensuring the The Criminal Procedure Code of the Republic of defendant's right to defense, but with the proper Uzbekistan (hereinafter referred to as the CPC) does conduct of the investigation and their own professional not provide for a separate rule governing the interests. An immediate announcement of a detention procedure for filing charges. Only Article 111 of this order (without a specific time limit) is justified, since it Code describes the actions that must be taken before gives the defendant the opportunity to prepare for the first interrogation, and paragraph 4 of Part One of defense [3]. this Article states that “the suspect is notified of the In practice, establishing specific time limits after the decision to involve him in the case as an accused and is decision to summon the accused has been made may explained the essence of the charge.” This rule is not lead to a biased interpretation of this rule. A negative sufficient to determine the procedure for filing aspect is the lack of information on the grounds for the charges. The period for filing charges after the decision decision to summon the accused to c