Volume 04 Issue 09-2024
25
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
09
P
AGES
:
25-29
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
This article discusses the problems of distinguishing violent robbery crimes committed by young people from other
related crimes, the types of crimes that are increasing among young people and strategies for their prevention.
KEYWORDS
Criminal Code of the Republic of Uzbekistan, extortion, presumption of innocence, invasion, victim, killing, violence,
intimidation.
INTRODUCTION
Article 13 of the Constitution of the Republic of
Uzbekistan states that "Democracy in the Republic of
Uzbekistan is based on general human principles.
According to these principles, a person, his life,
freedom, honor, dignity and other inalienable rights
are the highest values. Democratic rights and freedoms
are protected by the Constitution and laws". On this
basis, protection of the interests of a person, his rights
and freedoms from criminal aggression is one of the
main tasks of the Criminal Code of the Republic of
Uzbekistan.
A person's life and health are a person's priceless
wealth, and depriving or harming this wealth is a
serious crime. The social risk of crimes against a person
is high, and as a result of their commission, life, health,
sexual freedom, family and youth interests, moral
standards, freedom, honor and dignity of a person and
the constitutional rights and freedoms of citizens are
threatened. serious damage will be done.
Article 112 of the Criminal Code of the Republic of
Uzbekistan stipulates responsibility for killing or
Research Article
THE CRIME OF MURDER OR THREATENING VIOLENCE AMONG YOUTH
Submission Date:
Sep 20, 2024,
Accepted Date:
Sep 25, 2024,
Published Date:
Sep 30, 2024
Crossref doi:
https://doi.org/10.37547/ijlc/Volume04Issue09-05
Yoldashev Mukhriddin Tursunmurad ugli
Head of the Department of Organizational Control and Administration of the Central Council of the Youth
Union of Uzbekistan, Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 04 Issue 09-2024
26
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
09
P
AGES
:
25-29
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
threatening to use violence. The legal analysis of this
crime shows that the direct object of this crime is social
relations that ensure the safety of another person's life
and health. It is these social relationships that are
threatened by threats of killing or violence. This crime
is objectively expressed in the threat of killing or
violence.
METHODOLOGY
Similar crimes may differ depending on the object or
subject, as well as their objective and subjective
aspects. It is especially difficult to distinguish extortion
from other objectively similar crimes. Such crimes
include assault (Article 164 of the Criminal Code) and
robbery (Article 166, Part 2, Clause "a"). A.L. Meleniyev
proposes to distinguish extortion from similar crimes
by applying the general rules of crime classification.
Theft is one of the most dangerous property crimes
and is closely related to extortion. Therefore,
distinguishing between the two can often lead to
mistakes. Common characteristics of extortion and
theft include the targeting of both property and
personal interests, criminal aggression is often
associated with an act, and the complexity of the
objective structure of the crime (requires at least two
acts).
Burglary has similarities with theft. In the criminal law
of Uzbekistan, robbery and assault with the use of
force are differentiated according to the level of
violence used during the commission of the crime, and
often specify how the property is illegally taken. A.V.
According to Tistik, theft includes not only theft of
property, but also attacks that threaten the privacy and
health of the owner.
According to Article 164 of the Criminal Code of
Uzbekistan, theft is an attack that endangers life or
health by using force during the robbery of another's
property.
According to the decision of the Plenum of the
Supreme Court of Uzbekistan (No. 6 of April 30, 1999)
and the theory of criminal law, the level of violence is
used as the main distinguishing feature between
robbery and robbery. Analysis of articles 164 and 166 of
the Criminal Code also confirms this difference. The law
classifies robbery with violence as less serious unless
life-threatening, while robbery and assault are more
serious forms of violence.
Various court decisions have identified both violent
robbery and theft. Examining the legal practices, it is
possible to observe consistent trends in the way courts
distinguish between robbery and robbery committed
by force.
Many legal decisions are based on whether or not the
abuse resulted in physical injury. For example, in the
city of Chirchik, Tashkent region, E. Kholmurodov
attacked Z. Nurmatov with a knife in his car and injured
his hand. The court assessed the act of E. Kholmurodov
as theft, because the violence caused serious damage
to the victim's health. Thus, the judgment was based
on the severity of the injury caused by the violence.
DISCUSSION AND RESULTS
Uzbek jurists define the term coercion as "the use of
force, coercion, oppression by one person against
another." According to them, violence violates human
integrity and can be in the form of physical or mental
coercion and torture. A.V. Naumov interprets the
concept of violence in a broader way and includes the
murder committed as a result of carelessness as a
crime committed by the use of violence and supports
this approach. However, this approach L.V. Criticized
by Serdyuk, it was noted that violence is not
characteristic
of
crimes
committed
through
Volume 04 Issue 09-2024
27
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
09
P
AGES
:
25-29
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
carelessness. Q.P. Payzullaev also believes that crimes
committed with the use of force are committed
intentionally, not recklessly. The use of violence refers
to actions aimed at overcoming the resistance of the
victim.
In our opinion, the deliberate use of violence against
someone, inflicting physical or mental pain on him,
theoretically and practically cannot be included in the
list of crimes committed through recklessness. In the
above approach, the concept of force is overextended.
Although manslaughter is illegal, it is caused by an
involuntary act on the part of the perpetrator. In this
case, the will of the perpetrator, which is the main sign
of violence, is lacking. That is, a person cannot use
force without wanting or knowing the consequences.
Intimidation means threatening the victim with
psychological influence. In this case, intimidation can
be expressed in different ways, for example, it can be
delivered directly to the victim, third parties or people
close to him orally, in writing, by telephone, telegraph,
fax, Internet or other means. If the threat is made
through third parties, the victim must be notified of the
threat through them.
It is a crime of taking another person's property with
violence that endangers his life or physical safety, and
such violence alone is sufficient to complete the crime.
In order for the crime to be considered completed, it is
not necessary for the criminal to actually acquire the
property. However, in the case of robbery, the crime is
complete only when the criminal successfully takes
possession of the property.
If a person steals property secretly, without the victim
or others noticing, this act is classified as theft. Even if
the victim or others witness the act, but the
perpetrator believes no one noticed, it is theft, not
robbery.
It is classified as robbery when a criminal is
apprehended in the act of stealthily stealing property
and retaliates with non-life-threatening force against
the victim or others. However, if the force used poses
a threat to life or health, it is classified as trespass or
assault. If force is used only to avoid capture after the
theft has been committed, it is not robbery or
trespassing.
The severity of the violence and its consequences
determine whether the act is classified as theft or
another crime. If there are more than one crime
component, the act should be considered as a set of
crimes.
If a person steals property in the presence of mentally
retarded persons, young children, or sleeping persons,
this act is theft because it is done secretly and is not
classified as robbery.
Article 112 of the Criminal Code does not specify the
level of force necessary to intimidate the victim.
Therefore, according to this article, it is understood
that physical and mental violence can be used. Mental
violence means affecting the will of the victim by
threatening his life or health in any way. The threat of
violence may be immediate or intended for the future.
The legislator connects the objective element of this
crime with the reliability and authenticity of the threat,
that is, the victim must have legitimate reasons to fear
violence. The credibility of the threat is determined by
factors such as the relationship between the victim and
the perpetrator, the real possibility of committing
violence,
and
personal
characteristics.
The
responsibility for determining these factors rests with
the investigator, the prosecutor and the court.
In cases of violence, means or methods that threaten
the life or health of the victim may be used, but their
use is not always necessary. According to Article 112, in
Volume 04 Issue 09-2024
28
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
09
P
AGES
:
25-29
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
order for intimidation to be considered real, the victim
must have sufficient reason to feel threatened. In
determining the reality of intimidation, the words of
the perpetrator, the seriousness of the conflict, and
the nature of the relationship between the intimidator
and the victim are important.
Certain circumstances can also affect how a victim
perceives bullying. For example, threats may have
greater impact when there is no support or when the
bully is clearly supported by others.
This crime is premeditated, meaning that the threat of
violence or murder must be directed at a specific
person and must show specific intent. If these signs are
not present, the act does not fall under Article 112. If
the threat of killing or violence is a method used to
commit another crime, and other articles of the
Criminal Code provide for liability for these crimes, the
act is assessed only. under the article relating to a more
serious crime. For example, if a threat to kill or use
violence occurs during the act of aggression, it is
qualified as aggression based on Article 164 of the
Criminal Code.
The primary measure to prevent and fight crime among
young people is to strengthen family members and
improve their moral and moral environment. This is
very important, because children often try to escape
from psycho-traumatic family situations, conflicts, lack
of parental love and understanding, cruelty or
indifference.
Social-pedagogical measures are aimed at identifying
and eliminating the causes and conditions that cause
homelessness.
When it comes to the category of young offenders, it is
important to identify specific groups in determining
crime prevention strategies. These groups include:
Juveniles with low socio-economic status, insufficient
intellectual development, prone to behavior that
violates the social and cultural foundations of society,
often from wrongful or socially unacceptable families.
Juveniles from wealthy families who feel a sense of
impunity.
Aggressive juveniles who solve conflicts and problems
through violence.
Members of youth movements that challenge social
and cultural norms.
Juveniles who tend to roam around.
Currently, many children are overly interested in
computer and online games, which consume a
significant amount of their time, which leads to a
decrease in interest in culture. As a result, the behavior
of
minors
is
increasingly
characterized
by
aggressiveness, aggressiveness and cruelty. Through
social media, minors can connect with like-minded
people, share knowledge and experiences, which can
exacerbate the problem.
The main directions of prevention of offenses among
young people are as follows:
➢
Timely resolution of family disputes.
➢
Prevention of intoxication and addiction.
➢
Ensuring public order and increasing street
lighting at night.
➢
Identification of persons suffering from mental
disorders and diseases.
➢
Increasing legal education and enlightenment
among the population.
CONCLUSION
Volume 04 Issue 09-2024
29
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
09
P
AGES
:
25-29
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
Special measures are aimed at both the identity of the
juvenile offender and the factors contributing to the
commission of the crime. The main goal is to create a
sense of guilt in young people who have committed a
crime, as this will affect their attitude towards future
crimes and help prevent them from re-offending.
In conclusion, it can be said that large-scale preventive
measures aimed at reducing crime among minors are
being implemented. Initiatives to combat crime reflect
the interests of the state and society, along with the
development of future strategies. Statistics showing a
decrease in the crime rate confirm the effectiveness of
the work in this regard.
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