INSTITUTIONAL IMPERATIVE: A COMPARATIVE ANALYSIS OF CPS DIRECT IN ENGLAND AND THE STRATEGIC NECESSITY OF REFORMING THE CHARGING PROCESS IN THE REPUBLIC OF UZBEKISTAN

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Abstrak:

This article is devoted to an analysis of the institutional mechanisms of charging in the criminal justice system, exemplified by the CPS Direct model operating within the Crown Prosecution Service (CPS) of England and Wales, and to justifying the need to introduce a similar institution in the Republic of Uzbekistan. It examines the structural, functional, and procedural features of CPS Direct, including its role in ensuring prosecutorial independence, procedural efficiency, and a balance between the parties in the criminal process. Through comparative legal analysis, the article identifies the key shortcomings of the current charging regime in Uzbekistan, associated with the concentration of procedural functions, the limited autonomy of the prosecutor, and the risks of formalism in criminal prosecution. The author argues that the institutional separation of the investigative and prosecutorial functions, modeled on the CPS, can enhance the quality of criminal justice, strengthen guarantees of individual rights, and bring the national system closer to international standards of a fair trial. The article concludes with proposals for reforming the legislative regulation of the charging process..

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Criminal Procedure Code of the Republic of Uzbekistan.

Decree of the President of the Republic of Uzbekistan No. UP-204 dated 3 November 2025.

Criminal Justice Act 2003.

Prosecution of Offences Act 1985.

Director’s Guidance on Charging (DG6)

Hansard (UK Parliament). Available at: https://hansard.parliament.uk.

Brownlee, I.D. (2004) “The statutory charging scheme in England and Wales: Towards a unified prosecution system?”, Criminal Law Review, pp. 896–907.

https://www.cps.gov.uk/publication/code-crown-prosecutors

https://www.instituteforgovernment.org.uk

https://timesca.com

https://unsdg.un.org