American Journal Of Social Sciences And Humanity Research
102
https://theusajournals.com/index.php/ajsshr
VOLUME
Vol.05 Issue06 2025
PAGE NO.
102-104
10.37547/ajsshr/Volume05Issue06-26
24
Criminogenic Factors of Female Criminality: Legal and
Social Analysis
Xojayeva Adolat Abdulkayumovna
Higher School of Judges under the Supreme Judicial Council of the Republic of Uzbekistan
Received:
25 April 2025;
Accepted:
21 May 2025;
Published:
23 June 2025
Abstract:
This article systematically examines the criminogenic factors influencing the formation of female
criminality and reveals the legal and social mechanisms of their interaction. The study is based on content analysis
of the Criminal Code of the Republic of Uzbekistan, relevant by-laws, Supreme Court plenary decisions, and court
verdicts issued between 2018 and 2024. The data were grouped by gender, age, type of crime, motive, and
sentencing criteria, and covariance analysis was conducted using the STATA-17 package. The results indicate that
female criminality is primarily linked to economic instability, domestic violence, labor migration, psychological
trauma, and emerging threats in the digital environment. In law enforcement practice, the insufficient
consideration of gender-specific psychophysiological factors has led to incorrect qualification of crimes and
imbalances in the individualization of punishment. The article develops recommendations to improve legislation
and judicial-investigative practices for the prevention of female criminality.
Keywords:
Female criminality, criminogenic factors, gender equality, law enforcement, judicial practice, social
threat.
Introduction:
The structure of crime is always a
distinctive barometer of socio-economic processes in
society. In recent decades, many countries, including
Uzbekistan, have faced significant fluctuations in the
dynamics of female criminality. According to statistical
data, since 2014, crimes committed by women account
for an average of 14% of all crimes. However, this
indicator has not remained stable; in some years, sharp
increases were observed due to economic crises, the
aftermath of the pandemic, and internal migration
processes.
The causes of criminal behavior among women are
more multidisciplinary than those among men,
encompassing closely interlinked psychological,
sociological, and legal determinants. In criminology,
the term “feminization paradox” is widely used, which
reflects the phenomenon that, although women have
traditionally had low crime rates, their propensity to
commit crimes increases due to changes in social roles
and labor division.
This article focuses on analyzing the criminogenic
factors of female criminality through legal and social
lenses, identifying key determinants and developing
mechanisms to mitigate them. The relevance of the
research is justified, first, by international obligations
related to gender equality, and second, by the current
broad discussion of gender issues during the
modernization of the Criminal Code of Uzbekistan.
The study analyzed 314 court verdicts issued between
2018 and 2024 at the republican, regional, and district
levels in criminal cases. These verdicts covered
provisions of the Criminal Code concerning property
crimes, crimes against the person, economic offenses,
and violations of transport safety. Legal sources
included the Criminal Code of the Republic of
Uzbekistan adopted on September 22, 1994 (as
amended on March 1, 2024), th
e Law “On Ensuring
Gender Equality,” the Law “On the Prevention of
Domestic Violence,” and Supreme Court plenary
decisions.
To form the empirical base, content analysis of court
documents, statistical reports from internal affairs
bodies, and data from a 2022 survey conducted by the
American Journal Of Social Sciences And Humanity Research
103
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American Journal Of Social Sciences And Humanity Research (ISSN: 2771-2141)
“Family” Scientific
-Practical Research Center were
used. Analytical tools included covariance and
regression modeling methods, comparative legal
approaches, and phenomenological commentary. The
recommendations of the UN CEDAW Committee, as
well as the experiences of the Russian Federation and
Kazakhstan, were examined for comparative insight.
The analysis revealed that the structure of female
criminality is typologically more variable compared to
that of men. Economic and financial crimes constitute
38% of offenses among women, with most of these
crimes being committed intentionally, yet often
accompanied by a high willingness to negotiate
damage compensation. Psychological interviews
demonstrated that women’s primary motivation f
or
committing economic crimes is the intention to
maintain financial stability within the family. This
motivation is often associated with overwhelming
debt, household expenses, and a lack of employment
opportunities.
Crimes
rooted
in
domestic
and
household
circumstances account for 24% of the cases. In these
instances, continuous domestic violence, psychological
pressure, and a state of helplessness drive women
toward affective-explosive reactions. As shown in court
documents, in cases where women subjected to
prolonged abuse inflicted serious bodily harm, Article
100 of the Criminal Code (exceeding the limits of
necessary self-defense) was almost never applied. Of
the 57 cases studied, only three courts considered the
emotional state as a mitigating factor; in the remaining
cases, the accused received harsh sentences under
Article 104 of the Criminal Code. This fact indicates a
methodological gap in court practice regarding the
assessment of gender-specific psychological factors.
Among female labor migrants, crimes arising from
undocumented work, illegal contracts, and coercion
into sex work form a distinct category. An analysis of 46
case files related to migration from 2018 to 2023
revealed that women often remain legally unprotected
in foreign countries and agree to smuggling or drug
trafficking as a means of economic survival.
The expansion of the digital space has also added new
dimensions to female criminality. Participation of
women in online fraud, cash withdrawal from plastic
cards, and phishing schemes has doubled since 2019,
reflecting a low level of digital financial literacy.
A deep study of criminogenic factors shows that while
economic instability and domestic violence serve as the
primary triggers of deviant behavior, gender
stereotypes and insufficient legal protection act as
activators of this trigger. At the sentencing stage,
courts tend to focus on classical factors such as the
amount of material damage, the severity of the attack,
and the defendant's criminal record. However, they
often underestimate the psychosocial causes of the
crime and the potential for rehabilitation. As a result,
women are more likely to receive shorter, yet stricter
forms of punishment compared to men, which in turn
limits their chances of probation and social
reintegration.
The legal analysis revealed that the General Part of the
Criminal Code lacks sufficient concretization of gender-
specific modifiers. In the concept of “necessary self
-
defense,” aspects such as women’s psychological fear
threshold, affective responses, and the context of
cross-border violence are not adequately taken into
account. In judicial and investigative practice, there is a
low level of empirical trust in expert psychological
evaluations, which leads to systematic errors in
objectively validating affective states.
Social Analysis. Surveys conducted during the social
analysis indicated a substantial latent component in
female criminality, particularly in acts committed as a
result of domestic violence but not formally registered
as criminal offenses. Approximately 27% of
respondents expressed the opinion that “appealing to
law enforcement is pointless,” which suggests the
ineffectiveness of mechanisms aimed at preventing
criminal behavior.
CONCLUSION
The study found that the criminogenic factors behind
female criminality form a multilayered and interrelated
system. While economic problems, labor migration,
and digital illiteracy exert external pressure, domestic
violence,
psychological
trauma,
and
gender
stereotypes
disrupt
internal
psychodynamic
equilibrium. From a normative-legal perspective, both
the Criminal Code and judicial practice require
adaptation through gender-sensitive interpretations
and methodologies. There is an urgent need to
explicitly regulate self-defense, affective states, and
psychosocial stress as mitigating factors, to introduce
gender-sensitive expert examination standards for
judicial and investigative bodies, and to expand
probation programs in a format aligned with women’s
social roles. If a unified methodological approach to law
enforcement is developed, the effectiveness of
punishment individualization and rehabilitation can
increase, reducing the rate of recidivism. Thus, it has
been demonstrated that reducing female criminality is
not achieved through harsher punishment alone, but
through a comprehensive socio-legal policy aimed at
eliminating criminogenic factors.
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