Accused of fraud under Article 168 in Uzbekistan: penalties and how to defend yourself

Fraud in Uzbekistan is punishable by anything from a fine to 10 years in prison, depending on the amount and the circumstances. But if the damage has been compensated, the court can no longer impose restriction of liberty or imprisonment, and failing to repay a debt is not fraud in itself. Below we look at what each part of Article 168 of the Criminal Code carries, where the line between a debt and a crime lies, and how to make sure your evidence is accepted and considered.

What counts as fraud?

Under Article 168 of the Criminal Code, fraud is obtaining someone else's property, or a right to it, by deception or abuse of trust. The Supreme Court explains both methods in Plenary Resolution No. 17 of 23 June 2023:

• Deception means knowingly giving false information, or keeping quiet about facts that should have been disclosed — about yourself, your authority, the quality and value of an item, or your intentions.
• Abuse of trust means using a relationship of trust with the owner — professional, personal or family — for selfish gain.

The key word is intent. It is not enough for the prosecution to prove that money was taken and not returned. It has to prove that from the very beginning, before receiving the money, the person never meant to keep the promise.

What is the sentence for fraud in Uzbekistan?

Article 168 has four parts. The amounts below are calculated using the base calculation amount (BCA) of 440,000 soums, in effect since 1 September 2026.

Part 1 — simple fraud

A fine of 50 to 100 BCA (22–44 million soums), or correctional labour for up to 2 years, or restriction of liberty for 1 to 3 years, or imprisonment for up to 3 years. This is a crime that does not pose a great public danger.

Part 2 — a significant amount or a group acting by prior agreement

A significant amount is 100 to 300 BCA (44–132 million soums). Penalty: a fine of 100 to 300 BCA, or correctional labour for up to 3 years, or restriction of liberty for 3 to 5 years, or imprisonment for 3 to 5 years. This is a less serious crime.

Part 3 — a large amount, repeat offences, information systems

A large amount is 300 to 500 BCA (132–220 million soums). This part also covers fraud committed repeatedly or by a dangerous recidivist, and fraud using an information system, including information technology. Penalty: a fine of 300 to 400 BCA, or correctional labour for 2 to 3 years, or imprisonment for 5 to 8 years.

Part 4 — an especially large amount and other aggravated cases

An especially large amount is 500 BCA or more (220 million soums and above). This part also covers fraud by an especially dangerous recidivist, by an organised group and — since June 2026 — by abuse of official position. Penalty: a fine of 400 to 600 BCA, or imprisonment for 8 to 10 years with deprivation of a specific right.

Parts 3 and 4 are serious crimes. The 2026 changes were made by Law No. ZRU-1155 of 22 June 2026, which also barred parole for people convicted of fraud who have not fully compensated the damage.

Debt or fraud: where is the line?

This is the most common question, and the Supreme Court Plenum answers it directly. If a person failed to meet an obligation under a loan agreement, a receipt (IOU) or a letter of guarantee for objective reasons — insolvency, serious illness, a sharp change of circumstances — or if intent to take the money cannot be proved, it is a civil dispute. It belongs in a civil or economic court, not with an investigator.

According to the Plenum, fraudulent intent may be indicated, for example, by:

• forged documents or fictitious letters of guarantee;
• concealing debts and pledges on property;
• a sham company set up just for the deal;
• using a loan for other purposes or cashing it out.

Even these signs do not prove guilt on their own: in each case it must be established that the person knowingly had no intention of performing the obligation. The Plenum separately instructs courts to stop unlawful fraud cases being opened against parties to ordinary civil-law relationships.

Example. Suppose you borrowed 60 million soums from an acquaintance against a receipt to buy stock, were honest about your business, bought the goods, but sales collapsed and you could not repay on time. You stay in touch and offer a repayment schedule. That is a debt, and the lender can recover it through the courts. If, on the other hand, the money was taken for a contract that did not exist and you stopped answering calls right away, investigators will see signs of intent.

Compensation and reconciliation: what difference do they make?

Compensating the damage is the main factor affecting punishment under Article 168:

• No imprisonment. The last part of Article 168 says it plainly: if the material damage has been compensated, restriction of liberty and imprisonment are not applied. The Plenum adds that where compensation is only partial, the court decides this question in light of the circumstances.
• Reconciliation. Under Part 1 of Article 168, a person may be released from criminal liability if he admits guilt, reconciles with the victim and makes good the harm (Article 66-1 of the Criminal Code). This is not available to someone with an unspent conviction for a serious or especially serious crime.
• Active repentance. A first-time offender in a case of low public danger or a less serious crime may be released from liability if he surrenders, sincerely repents, actively helps solve the crime and makes good the harm (Article 66).
• Parole. It is now impossible without full compensation of the damage.

Note that compensating the damage and admitting guilt are different things. If you believe you are innocent but are ready to return the money to settle the conflict, discuss with your lawyer how to document the payment so that it does not read as a confession.

How to gather and submit evidence

A suspect and an accused person have the right to present evidence and file motions (Articles 46 and 48 of the Criminal Procedure Code). Defence counsel may gather evidence himself: interview people with their consent and request documents from organisations. Such evidence must be added to the case file and must be assessed — this is stated directly in Article 87 of the Code and Article 6 of the Law on the Bar. Organisations must answer a lawyer's request within 15 days, or within three working days if the lawyer confirms that an investigation is already under way.

How to proceed:

1. Collect everything that shows your intentions at the time of the deal: the contract, the receipt, messenger chats, bank statements, delivery notes, proof that the money went where you promised.
2. Show why you could not perform: documents on a failed delivery, illness, a market closing down, claims against your own debtors.
3. Record your attempts to pay: partial transfers, the schedule you offered, letters to the lender.
4. File a written motion to add the evidence to the file with the investigator, attaching a list of enclosures. Keep a copy stamped as received. A record is drawn up when documents are submitted, and if the investigator refuses, he must issue a formal decision (Article 202).
5. Name your witnesses and ask for them to be questioned — again by written motion, stating what each of them can confirm.

What if nobody listens?

If a motion is rejected or ignored, you can complain about the investigator's actions to the head of the investigative unit and to the prosecutor supervising the investigation (Article 358). A refusal does not close the matter for good: when the case reaches court, the same motions can be filed again, and the court must consider each one (Article 438). If prosecution evidence was obtained unlawfully, the defence can ask for it to be excluded at a preliminary hearing.

When you really need a lawyer

The line between debt and fraud runs through intent, and intent is proved through details: what you said when you took the money, what you wrote in messages, how you explained the delay. One careless phrase during questioning can become the investigators' main piece of evidence. Acting alone is risky if the amount has reached the significant threshold or more, if there are several victims, if you have already been named a suspect, or if compensation is being discussed. A lawyer will help you shape a position, collect documents and file motions in a way that cannot simply be ignored. More on our criminal defence page.

In short

• Under Article 168, penalties range from a fine of 50 BCA to 10 years' imprisonment, depending on the amount and circumstances.
• A significant amount starts at 100 BCA, a large amount at 300 BCA, an especially large amount at 500 BCA.
• Failing to repay a debt for objective reasons is a civil dispute; fraud requires intent formed before the money was received.
• If the damage is compensated, restriction of liberty and imprisonment are not applied; under Part 1, reconciliation with the victim is possible.
• Defence evidence must be added to the file and assessed; submit it by written motion and keep copies.

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