Volume 02 Issue 04-2022
1
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
02
I
SSUE
04
Pages:
01-06
SJIF
I
MPACT
FACTOR
(2022:
5.
796
)
OCLC
–
1121105677
METADATA
IF
–
5.489
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
This scientific article studies the problems and grounds for exemption from liability and exemption from punishment
in criminal law, based on the study of national and foreign legislation, and the scientific works of scientists.
Proposals and recommendations for our national legislation are developed.
KEYWORDS
Criminal liability, imposition of punishment, release from liability, release from punishment, types of release from
punishment, conditional release.
INTRODUCTION
In Uzbekistan, special attention is paid to the
improvement of legal legislation as a priority of
reform in the democratization of society and
modernization of countries. In particular, in his
Message to the Oliy Majlis of the President of the
Republic of Uzbekistan Shavkat Mirziyoyev said: In
Uzbekistan, special attention is paid to the
improvement of criminal legislation as a priority of
reforms to democratize society and modernize the
country. In particular, in his Address to the Oliy Majlis,
the President of the Republic of Uzbekistan Shavkat
Mirziyoyev said: “We pay special attention to the
Research Article
IMPROVING THE LEGAL FRAMEWORK FOR EXEMPTION FROM
PUNISHMENT AND CRIMINAL LIABILITY
Submission Date:
April 20, 2022,
Accepted Date:
April 25, 2022,
Published Date:
April 30, 2022
Crossref doi:
https://doi.org/10.37547/ijlc/Volume02Issue04-01
Abdulloh Nishonov
Doctoral student of the Academy of the Prosecutor General, Uzbekistan
Journal
Website:
https://theusajournals.c
om/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 02 Issue 04-2022
2
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
02
I
SSUE
04
Pages:
01-06
SJIF
I
MPACT
FACTOR
(2022:
5.
796
)
OCLC
–
1121105677
METADATA
IF
–
5.489
Publisher:
Oscar Publishing Services
Servi
exclusion and liberalization of certain crimes, the
transformation of criminal penalties from a
humanitarian point of view. To do this, it is necessary
to adopt and implement the Concept for the
Development of Criminal and Criminal Procedure
Legislation for 2018-202. Decree of the President of
the Republic of Uzbekistan “On measures to radically
improve the system of criminal and criminal
procedure legislation” No. PP-3723 dated May 14,
2018, defines the main directions for improving
criminal and criminal procedure legislation. One such
objective is “to expand incentives, including
mitigation of punishment or exemption from criminal
liability or impunity.
It is known that Chapter XIII of the General Part of the
Criminal Code of the Republic of Uzbekistan is
devoted to “Types of impunity” and includes the
following types of impunity;
1)
release from punishment in connection with the
expiration of the term for the execution of
punishment; (Article 69);
2)
release of a person from punishment in
connection with the loss of a socially dangerous
character (Article 70);
3)
release the offender from punishment based on
sincere repentance (Article 71);
4)
probationary period (Article 72);
5)
parole (Article 73);
6)
mitigation of punishment to a milder one (Article
74);
7)
release from punishment due to illness or
disability (Article 75);
8)
release from punishment based on an act of
amnesty or pardon (Article 76).
According
to
Rustamboev,
exemption
from
punishment is the refusal of the state to impose
punishment or execution of punishment on a person
convicted of a crime, if there are grounds and
conditions provided for by criminal law. Chapter XIII
of the Criminal Code provides for various types of
impunity. These types of impunity can be conditional
or unconditional.
According to Mukimova, impunity is similar to
sentencing by a court.
Thus, release from punishment involves the
implementation of criminal liability with full or partial
release of the convicted person from serving the
sentence imposed by the court. That is, a person
convicted of a crime and sentenced by the court to a
certain type of punishment is released from
punishment or cannot serve the punishment (for
example, the convict's illness, disability, expiration of
the sentence) or expediency. for example, the sincere
repentance of the convict). Exemption from
punishment can be noted as an expression of such a
humanitarian principle as exemption from criminal
liability.
Exemption from criminal liability is the refusal of law
enforcement agencies to prosecute, on behalf of the
state, a person who subsequently lost his former
social security due to several circumstances provided
for by criminal law.
According to Mukimova, exemption from criminal
liability in its legal content means the release of a
criminal from all legal consequences of a crime,
punishment and limitation of a criminal record, the
refusal of a court to recognize a citizen as a criminal
on behalf of the state.
It can be seen that exemption from criminal liability
and exemption from criminal punishment are not the
same concepts. In particular, exemption from criminal
liability means that a person accused of committing a
Volume 02 Issue 04-2022
3
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
02
I
SSUE
04
Pages:
01-06
SJIF
I
MPACT
FACTOR
(2022:
5.
796
)
OCLC
–
1121105677
METADATA
IF
–
5.489
Publisher:
Oscar Publishing Services
Servi
crime is not exempt from criminal liability. Release
from punishment involves the imposition of
punishment on persons convicted of a crime, with
subsequent release from punishment or release from
punishment after serving a certain part of the
punishment.
MATERIALS AND METHODS
There are also special signs of impunity, which include
the following: extends to persons who have
committed a crime, whose guilt is fully proven by the
relevant investigative documents, as well as those
convicted of a crime who confessed to their deed or
are unable to serve their sentence.
However, it can be said that in the theory of criminal
law there is no single idea of the grounds and
conditions for exemption from criminal liability.
Especially. A. Naumov pays special attention to this
issue and emphasizes that the perpetrator should be
released from criminal liability only if he is not socially
dangerous and that such a characterization of a
person is an essential condition for release. Indeed, an
important role in the release of a person from criminal
liability is played by the fact that he is not socially
dangerous. However, in our opinion, this is only one
element of the basis for this institution’s application.
After all, the fact that only one person is not socially
dangerous cannot be a basis for releasing a person
from criminal liability.
In particular, N.F. According to Kuznetsova, each
norm of the criminal law provides for exemption from
liability, as well as each condition is the basis for
exemption from criminal liability.
The General and Special parts of the current Criminal
Code of the Republic of Uzbekistan establish the
grounds and conditions for exemption from criminal
liability. According to him, the regulatory grounds for
exemption from criminal liability are divided into
general or special, or rather, separate regulatory
grounds, depending on the location. It should be
noted, however, that a person accused of a crime is
released from criminal liability if it is concluded that it
is inappropriate to bring him to justice, provided that
he does not pose a serious threat to society. In case of
release from punishment, the convict is released from
criminal punishment if he concludes that the
punishment imposed by the court can be attributed to
serving the actual punishment or that serving the
remaining part of the punishment is inappropriate.
The components of the institution of exemption from
criminal liability - types of exemption from criminal
liability, an analysis of their past, the present state will
allow them to be improved in the future.
This approach, which emerged at the beginning of the
20th century, became even more important towards
the end of the century. Measures that have come to
replace existing penalties include the elimination of
criminal prosecution, as well as the fight against
crime.
This trend is also reflected in international documents.
The idea of out-of-court settlement of criminal
disputes was supported, for example, by the
Committee of Ministers of the member states of the
Council of Europe. The Committee has issued a formal
recommendation outlining the main models for
conciliation between parties to a dispute. Many
countries around the world have begun to implement
the use alternative measures of criminal liability.
In the legal literature, there are two main models of
alternative measures used in the field of justice in
foreign countries in criminal cases. First, it is the
Dutch-Belgian model. The model providing for
Volume 02 Issue 04-2022
4
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
02
I
SSUE
04
Pages:
01-06
SJIF
I
MPACT
FACTOR
(2022:
5.
796
)
OCLC
–
1121105677
METADATA
IF
–
5.489
Publisher:
Oscar Publishing Services
Servi
exemption from criminal liability is that if the
perpetrator voluntarily agrees to contribute a certain
amount of money to the state treasury in each
specific case, then the investigating authorities
(prosecutor's office, police) refrain from bringing the
perpetrator to criminal liability.
This model, which arose in Belgium in 1935, was
supposed to contribute to the exclusion from the trial
of petty economic crimes if the defendant confessed
his guilt. This liberation institute was founded in
Belgium in 1984.
From now on, this measure applied to any criminal
offense punishable by imprisonment for up to five
years. These norms were allowed to be applied in the
pre-trial period of criminal proceedings. According to
him, the prosecutor's office determines the amount
of money to be paid within the limits established by
law, the payment period. He then sends an invitation
to the guilty party to pay that amount. If the accused
refuses to pay such an amount to the state treasury,
the criminal prosecution continues in the usual
manner.
This practice in the Netherlands is almost no different
from the rules in Belgium. The difference is that in this
state it will be possible to pay compensation for
crimes punishable by imprisonment for up to six
years. The institute is used in almost a third of all
criminal cases in the Netherlands.
The second model of alternative methods is called
mediation in the criminal law of foreign states, which
manifests itself in simple and complex versions. The
essence of mediation is that if the defendant agrees
to pay damages, he will be obliged to mediate in the
reconciliation of the victim with the accused.
According to domestic legal literature, an important
aspect of the mediation system is that such an
authorized person should not be passive in the
reconciliation of the parties, but should take an active
position in resolving a criminal dispute through
conciliation.
In Belgium, the principle of mediation applies to all
criminal cases punishable by up to twenty years'
imprisonment. A criminal case may be terminated if
the accused commits the following actions:
compensation for harm, treatment, community
service, and vocational training.
RESULT AND DISCUSSION
Mediation is now available in one form or another in
Germany, Austria, Portugal, France, and many other
countries. Many foreign countries are searching for
many alternative options for exemption from criminal
liability. This is an important tool for facilitating the
work of the investigative and judicial system,
preventing overcrowding in places of execution of
sentences.
Exemption from criminal punishment can be divided
into two groups: The first group includes types of
complete exemption from serving a criminal
sentence. These include 1) release from punishment in
connection with the expiration of the term of
punishment (Article 69); 2) release of a person from
punishment in connection with the loss of a socially
dangerous character (Article 70); 3) release of the
offender from punishment based on sincere
repentance (Article 71); 4) probationary period (Article
72). In these types of impunity, the court delivers a
guilty verdict. That is, he pronounces a sentence and
then decides not to carry out the sentence,
considering it inappropriate to carry out the
prescribed punishment. The second group of
exemptions may include types of exemption from the
remaining part of the punishment imposed by the
Volume 02 Issue 04-2022
5
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
02
I
SSUE
04
Pages:
01-06
SJIF
I
MPACT
FACTOR
(2022:
5.
796
)
OCLC
–
1121105677
METADATA
IF
–
5.489
Publisher:
Oscar Publishing Services
Servi
court. These include: 1) parole (Article 73); 2)
mitigation of punishment to a milder one (Article 74);
3) release from punishment due to illness or disability
(Article 75); 4) release from punishment based on a
pardon (Article 76); 5) exemption from liability and
punishment under the act of amnesty. It is known that
criminal punishment is appointed only by the court.
Accordingly, exemption from punishment is also
carried out only by the court.
Thus, the release may be granted if the convicted
person comes to the conclusion that the convicted
person can be brought up without serving a sentence,
or that serving the remainder of the sentence is
inappropriate.
If you pay attention to the experience of foreign
countries in studying the institution of impunity,
which is not in our legislation, in particular, according
to articles 92-93 of the Criminal Code of the Russian
Federation, there is an institution of release or
probation. According to our criminal law, as an
institution for releasing a minor from punishment, the
court must consider the issue of applying coercive
measures to him as a release from punishment. One
can directly say that it would be expedient to consider
the issue of the application of coercive measures to
minors if it were included in a separate article.
CONCLUSION
There is also an institution of impunity under article 94
of the Criminal Code of the Republic of Belarus, which
provides for the punishment of a person who has
committed a crime of minor public danger, fire,
natural disaster, serious illness, or death of a single
able-bodied family member or other emergencies. At
the same time, the release of a convicted person from
punishment can be recognized as a humane principle
due to the absence of other dependents during the
execution of punishment, fire, natural disaster,
serious illness, or death of the only able-bodied family
member.
In addition, article 93 of the Criminal Code of the
Republic of Moldova, is dedicated to the release of
minors from punishment. It has been established that
minors convicted of crimes of minor gravity, less
grave, and grave crimes can be released from
punishment by the court if it is established that the
goals of punishment can be achieved through the use
of coercive measures. There is also an institution of
atonement under article 91, which provides for the
elimination of offenses and compensation for the
harm caused by the crime if the offender was not
acquitted of the previous offense.
Having studied the above-mentioned norms of the
law and the opinion of scientists, we conclude that a
separate article provides for the release of minors
from the punishment imposed on them by a separate
article. Secondly, the norms of exemption from
criminal liability are proposed in connection with the
achievement of a mediative agreement on criminal
and criminal procedure legislation. It is also advisable
to include an article on the early release of a person
serving a sentence in connection with emergencies,
i.e. leaving the dependents of the convict without a
guardian.
REFERENCES
1.
Address of the President of the Republic of
Uzbekistan
to
the
Oliy
Majlis
http://www.ach.gov.uz/en/lists/view/54
2.
Criminal Code of the Republic of Uzbekistan.
National Database of Legislation, 15.05.2018,
18.07.3723/1225, 01.10.2018, 18.06.5547/1975.
3.
Rustambaev M.Kh. The course of the criminal law
of the Republic of Uzbekistan. Volume 2. The
Volume 02 Issue 04-2022
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(ISSN
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2771-2214)
VOLUME
02
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04
Pages:
01-06
SJIF
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FACTOR
(2022:
5.
796
)
OCLC
–
1121105677
METADATA
IF
–
5.489
Publisher:
Oscar Publishing Services
Servi
doctrine of punishment. Textbook. 2nd edition,
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Rustambaev M.Kh. The course of the criminal law
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Naumov A.V. Russian criminal law. A common
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Kuznetsova N.F. Exemption from criminal liability
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Sverchkov V.V. Exemption from criminal liability,
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https://kodeksy-
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