Court orders review of instructor’s actions against 15-year-old girl

The administrative penalty imposed on an instructor in the Fergana region for committing inappropriate acts against a 15-year-old girl has been overturned, and the case has been referred to the regional prosecutor’s office to determine whether it qualifies as a criminal offense. This was reported by the "Nemolchi" project.  

According to reports, in May 2024, in the Furqat district, an instructor identified as M.N. acted inappropriately while teaching a 15-year-old girl how to drive. The victim stated that the instructor first asked about her personal life, then tried to grab her hand under the pretense of showing his watch. He later touched her waist and engaged in inappropriate behavior.  

Initially, M.N. was found guilty under Article 41-1 of the Code of Administrative Offenses, “Sexual Violence,” and was fined 1,020,000 soums. However, in December, the Fergana Regional Court of Cassation reviewed the protest filed by the Deputy Prosecutor of the Fergana Region against the initial court ruling.  

"Under Article 278 of the Code of Administrative Offenses, if an act is deemed to contain elements of a crime, the case must be transferred to the prosecutor’s office. The court cited Article 129 of the Criminal Code, which classifies inappropriate acts against a minor under 16 as a criminal offense," the report states.

Additionally, Supreme Court Plenum Resolution No. 35, dated November 30, 2018, states that inappropriate actions in the form of sexual violence against a minor must be classified under Article 129 of the Criminal Code.  

As a result, the cassation court, chaired by Judge Kh. Sotvoldiev annulled the Furqat District Court’s decision and the preventive service inspector’s refusal to initiate a criminal case. The case materials have been sent to the regional prosecutor’s office to determine whether M.N.’s actions constitute a criminal offense under Article 129 of the Criminal Code, “Inappropriate Acts Against a Minor.”  

Earlier, a similar case in the Andijan region gained public attention, where a 37-year-old man was accused of offering money to his 13-year-old neighbor for sexual acts, with his wife allegedly acting as an intermediary. The man was sentenced to five days in prison, while his wife received a fine of 750,000 soums. The Court of Appeal upheld the ruling. However, the Prosecutor General’s Office has since filed a protest with the Supreme Court, requesting a review of the district and regional court decisions.