ANALYSIS OF THE DISTINCTIVE CHARACTERISTICS AND STAGES OF MODIFYING AND SUPPLEMENTING CHARGES

Abstract

This article examines the scientific-theoretical and practical aspects of the institution of amending and supplementing charges in the criminal process of Uzbekistan. The subject of research is the legal nature, distinctive characteristics, and stages of modification, supplementation, and termination of charges. The relevance lies in the fact that the prosecution, as a dynamic procedural institution, often requires correction during investigation or trial due to newly revealed evidence or circumstances, which directly impacts the rights of the accused and the fairness of justice. The study employs comparative-legal analysis, synthesis, induction, deduction, and generalization, drawing on national and foreign scholarly works as well as legislative provisions. The results demonstrate that the legal framework of Uzbekistan’s Criminal Procedure Code — particularly Articles 362, 385, 409, and related norms — provides a foundation for revising charges at both pre-trial and trial stages, though the scope, form, and authority of the actors involved differ significantly. The research highlights that objective and subjective factor, including new evidence, changes in legal qualification, or prosecutorial decisions, influence this process, while insufficiently precise regulations may create procedural uncertainty and risks to defense rights. The findings suggest that further legislative clarification is needed to ensure consistency, procedural guarantees, and balance between prosecution and defense. The results can be applied in legal scholarship, judicial practice, and law-making to strengthen procedural safeguards and enhance the effectiveness of criminal justice. The study concludes that the institution of modifying and supplementing charges is central not only for ensuring lawful prosecution but also for upholding constitutional rights and fair trial guarantees.