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THE INSTITUTION OF EXEMPTION FROM CRIMINAL LIABILITY IN
THE SPECIAL PART OF THE CRIMINAL CODE
Shukurov Umidbek Inoyat ugli
Master's Student Of Law Enforcement
Academy Of The Republic Of
https://doi.org/10.5281/zenodo.16990867
Abstract
This article analyzes the institution of exemption from criminal liability as
regulated in the Special Part of the Criminal Code. It highlights how these
provisions differ from the general part, especially noting the distinctive and
incentivizing nature of exemptions tailored to specific offenses. Drawing upon
doctrinal literature and comparative insights from the former Soviet Criminal
Code, the study underscores the importance of these norms in fostering
accountability and facilitating rehabilitation.
1. Introduction
It is known that the Criminal Code is made up of general and special parts,
and in the general part the articles are prescribed that provide for the exemption
from criminal liability, which applies to all types or absolute majority of crimes.
All articles related to the decriminalization of a person in the General part of the
Criminal Code, when one of the crimes in the special part is committed,
according to the grounds specified in the law, have a universal nature in the
decriminalization of the culprit.ll articles related to the decriminalization of a
person in the General part of the Criminal Code, when one of the crimes in the
special part is committed, according to the grounds specified in the law, have a
universal nature in the decriminalization of the culprit. For example, according
to the grounds set out in the disposition of Article 661 of the JC, when a person
confesses to his guilt, reconciles with the victim and eliminates the harm caused,
the Institute of reconciliation can be applied to any of them in the event of a
crime specified in Article 53 of the special section. But the norms of exemption
from criminal liability in a special part of the Criminal Code differ from the
norms of exemption from criminal liability in the General part in the nature of
the fact that it applies only to this article, depending on the content of this
article, as well as mainly on the occurrence of serious or extremely serious
crimes. Some articles of the Special Part of the Criminal Code contain incentive
provisions, providing for the possibility of exempting a person from criminal
liability under certain conditions.ome articles of Special Part of the Criminal
Code contain incentive provisions, providing for the possibility of exempting a
person from criminal liability under certain conditions. Including, 122, 123, 155,
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1552, 1553, 157, 160, 178, 180, 181, 1811, 184, 1852, 188, 189, 190, 1922,190,
211, 212, 213, 223, 2442, 248-articles. In the composition of some articles of a
special part of the Criminal Code of former brine, there were also norms
provided for exemption from criminal liability.n the composition of some
articles of a special part of the Criminal Code of former brine, there were also
norms provided for exemption from criminal liability. In particular, Part 2 of
Article 54 stipulated that a citizen of the USSR, hired by foreign intelligence to
conduct hostile activities against the USSR, would be released from criminal
liability if he voluntarily informed the authorities that he had anything to do
with foreign intelligence without any effort in the way of fulfilling the criminal
task assigned to him. Also, as noted in the disposition of Part 3 of Article 1471 of
the Criminal Code of the Ozssr, the persons mentioned in Part 2 of this article
can apply measures of public influence to those actions or if the persons who
took these actions themselves are not very good for the public. In addition,
Section 153 (3) of the JC provides that if a person is persuaded to bribe with
extortion, or if the same person voluntarily comes to say about it after bribing,
then such a person is exempt from criminal liability, but not a single article of
the special part of the JC provided for exemption from punishment for such acts.
In a radical departure from the OSSR JK by the fact that the current JK has taken
its humanitarian ideas, in which the norms for decriminalization and
punishment of a person are widely implemented, and in order to prevent
serious, as well as very serious crimes, citizens are given wide opportunities,
and guarantees for decriminalization in order to dissuade them from the
criminal path are strengthened. Criminal reactionthat are the peculiarities of the
designation in general and special sections of the JK of the norms of freedom
from aggression, and this is true L.Crriminal reariminal reactionthat are the
peculiarities of the designation in general and special sections of the JK of the
norms of freedom from aggression, and this is true L.V. Golovka, N.E. Krylova,
Y.M. According to scholars such as tkachevsky, decriminalization is the basis of
the division into special types and is the composition of concrete crime as
defined in the special part of JK . V..P. KonyakhinP. Konyakhin, .P. Konyakhin, Y.E.
Pudovochkin, C.C. According to firri of such scientists as Pirvagidov, it is
necessary to take into account the structure of laws that provide for additional
and amendments to the JK, and not sufficient to establish the structure of the JK,
as the basis of the exemption from criminal liability . The opinions of these
scholars do not contradict each other, but rather they complement each other. In
our opinion, in contrast to the norms in the General part, the norms of the
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special part have a number of specific features, which are, first of all, the norms
that provide for the exemption from criminal liability in the General part until
the commission of a crime (155-m 4-q, 157-m 2-q, 160-m 2-q) or after the
commission of a crime (122-m 3-q, 123-m 2-q, 1552-m 3-q, 1553-m 3-q, , 180,
181, 1811, 184, 1852, 188, 189, 190, 1922, 211, 212, 213, 223, 2442, 248)
implies encouraging the culprit in his behavior. Secondly, it is not inherent in
some kind of facultativity in the implementation of the stimulating norms of a
special part, since they are the direct component of the substances in the special
part. This results in law enforcement becoming more focused on them. After all,
the determination of the grounds and conditions that make up the positive
behavior of the subject provided for in them assumes constant consideration,
without having a secondary or additional feature. This property of the norms in
the special part of the JK has a positive effect on their application in most cases,
and therefore special incentive norms are always considered more effective than
common ones. This situation makes it possible to predict an increase in
stimulating norms in a special part of the JK, taking into account its positive
capabilities. The content of these norms depends on the characteristics
corresponding to a particular type of crime, and on the amount and type of
damage caused in the presence of socially dangerous consequences. S., who
analyzed the norms of a special part of the incentive in the manner of
decriminalization in criminal law.G. Kelina distinguishes the following signs of
them: a. in the act of exemption from liability applies only to persons for whom
the composition of the crime is present; b. these norms apply only when there
are no criminal consequences; c. they encourage positive behavior that
manifests itself in the form of voluntary arzing or reporting of a crime,
prevention of a crime, active assistance in avoiding criminal consequences. d.
The inquiry represents the obligation of the investigating authorities, the
prosecutor and the court, not the right to apply the incentive normd.. The
inquiry represents the obligation of the investigating authorities, the prosecutor
and the court, not the right to apply the incentive norm . S.G. We consider this
opinion of the bride to be quite justified, since in theory, all sides of the issue are
covered, and in practice, the full, comprehensive, impartial study of all of the
above-mentioned cases related to criminal reality on the basis of the
requirements of the JK and JPK sets the stage for a fair conclusion. There are
similarities and differences between the special norms that provide for the
exemption from criminal liability in the special part of the JK, which can be
determined by the disposition and sanctions of these norms and the analysis of
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the conditions for their implementation. Section 155 (4), Section 1552 (3),
section 1553 (3), Section 157 (2), Section 160 (2) provides for the exemption of
special criminal liability from the norms provided for the promotion that the
competent authorities can apply in cases where the actions of the culprit did not
harm the interests of the state or in a number of cases when there is a clear,
clear Therefore, it should be noted that in the stages of preparation for a crime
or criminal assassination, it is possible to exempt from criminal liability on the
basis of special incentive norms. Consequently, the presence of socially
dangerous consequences excludes the use of special stimulating norms. In such
cases, the attitude of the person expressed in such cases as informing the
authorities about the Committed Act, actively assisting in the opening of the
crime should be considered positive and assessed as a mitigating condition for
punishment. Section 155 (4) of the JC establishes that a person involved in the
preparation of terrorism is exempt from criminal liability if he actively promotes
timely notification to authorities or otherwise to prevent severe consequences
and the implementation of terrorist goals. Article 1552 of the JC establishes the
responsibility for the conduct of training, exit or movement in order to carry out
terrorist activities, and Section 3 of this article establishes that the person who
committed the crime provided for by this article, if he is responsible for carrying
out terrorist activities, or if he 155, 158, 159, 161, 242, 245, 254, 2551 and (or)
the fact that he has passed an apprenticeship, which is revealed to him, for the
purpose of committing one of the crimes provided for in articles 264, if he
voluntarily reports to the authorities about trying to leave or move, actively
assists in exposing the committed crime or identifying other persons who have
undergone such training, have carried out, organized or financed the exit,
movement or training, as well as the place of training, and if there is no other
composition of the crime in his actions, his release from criminal liability is
established. Section 3 of Article 1553 of the JC establishes that a person involved
in the financing of terrorism is exempt from criminal liability if he actively
promotes timely notification to authorities or otherwise to prevent severe
consequences, as well as the implementation of terrorist goals.
Article 157 of the CEC also establishes responsibility for treason, Section 2
of this article states that a citizen of the Republic of Uzbekistan who is engaged
by a foreign state or organization to cooperate in carrying out activities that
harm the state directed against the Republic of Uzbekistan voluntarily arz to the
authorities about such cooperation, while his activities are not harmful to the
interests of the Republic In Part 3 of this article, basharti, a citizen of the
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Republic of Uzbekistan, voluntarily reported his act to the authorities, actively
helping to open the crime, and as a result of which he received severe
consequences that may arise for the state, provided for his release from
punishment. Section 2 of Article 160 of the JC establishes an exemption from
liability if a person involved in cooperation with foreign intelligence voluntarily
informs authorities about it, without committing any action on the fulfillment of
the assignment imposed on him. At the same time, as defined in Part 3 of this
article, a person who voluntarily suspended his criminal activity and actively
helped the opening of the crime by informing the authorities about his act, is
exempted from punishment if the prophecy received severe consequences that
may arise for the state. In addition, according to Part 4 of Article 211 of the JC, a
person who has been extorted for bribes, and this person voluntarily crosses
this for thirty days after the commission of criminal acts, is sincerely remorseful
and actively helps to open the crime, he is released from liability. After all,
sincere remorse, in its original essence, is a personal, spiritual, that is,
psychalogical attitude of the subject towards the committed crime, which can
manifest itself in the form of regret, remorse or shame for his actions .After all,
sincere remorse, in its original essence, is a personal, spiritual, that is,
psychalogical attitude of the subject towards the committed crime, which can
manifest itself in the form of regret, remorse or shame for his actions . In
contrast, Section 4 of Article 212 of the JC provides that a person who mediates
bribery is exempt from liability if he voluntarily proceeds about it for thirty days
after committing criminal acts, is sincerely remorseful and actively helps to open
a crime. Section 5 of Article 213 of the JC establishes that if a person who has
given material values or has a property interest is extorted for material values or
property interest, and this person voluntarily crosses this within thirty days
after the commission of criminal acts, is sincerely remorseful and actively helps
to open the crime, he is exempt from liability. Foreign citizens and stateless
persons who come to the Republic of Uzbekistan without appropriate clearance
of entry documents for the use of the right of political asylum provided for by
the Constitution of the Republic of Uzbekistan are exempt from liability, as
defined in Part 3 of Article 223 of the CEC. A similar norm is established in Part 3
of Article 2442 of the JC, according to which, if a person voluntarily reported the
existence of prohibited organizations and helped to unravel the crime, he is
exempt from liability for the crime provided for in the first part of this article.
The person who voluntarily submits the items provided for in Section 248 (4) of
the JC is exempt from liability. We mentioned above that the person who
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participated in the preparation of terrorism in Part 4 of the 155th fashion of the
JC, if he actively contributed to the timely notification of authorities or other
ways to prevent severe consequences, as well as the implementation of terrorist
goals, then basharti stated that the actions of this person were determined to be
exempt from criminal liability ife mentioned above that the person who
participated in the preparation of terrorism in Part 4 of the 155th fashion of the
JC, if he actively conWe mentioned above that the person who participated in the
preparation of terrorism in Part 4 of the 155th fashion of the JC, if he actively
contributed to the timely notification of authorities or other ways to prevent
severe consequences, as well as the implementation of terrorist goals, then
basharti stated that the actions of this person were determined to be exempt
from criminal liability if The necessary signs of the norm in question are the
manifestation of a number of circumstances that represent the objective side of
this crime.X. Rustamboyev expresses as follows: - the person was only involved
in the preparation of the terrorist act; – the person informed the authorities
about the terrorist act in time, that is, until the beginning of the objective side of
the crime, which, in turn, prevented the emergence of severe consequences and
the implementation of the terrorist goal; – if the person has received the origin
of severe consequences and the Prevention of the fulfillment of the terrorist goal
in another way, that is, has carried out any action that led to the receipt of the
terrorist act – if the law enforcement agencies or the administration of the
enterprise, which is a target for the terrorist act being prepared, personally
came to the state authorities, anonymously warned, as well as made other active
actions to prevent dangerous actions for many, involved other citizens in
limiting and damaging the origin of harmful and severe consequences, etc; – if
the person's actions do not contain another corpus delicti (for example, the
purchase, storage, theft of such weapons or explosives, their preparation, etc.)–
if the person's actions do not contain another corpus delicti (for example, the
purchase, storage, theft of such weapons or explosives, their preparation, etc.).
M.X. We consider the above views of rustamboyev to be justified, the reason is
that his actions in preventing the crime of a person eliminate precisely the
occurrence of a criminal consequence, as well as aimed at exposing other
members of the criminal group and eliminating this criminal group. The fact that
the message delivered by the culprit was known to law enforcement agencies
before him through other persons or means does not make it mandatory for him
to be released from liability, since in it all actions related to the Prevention of a
crime were carried out to the fullest, and in this way he manifests his
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abandonment of the crime. Obviously, terrorism is committed in almost all cases
from the Omani of members of the criminal association.he fact that the message
delivered by the culprit was known to law enforcement agencies before him
through other persons or means does not make it mandatory for him to be
released from liability, since in it all actions related to the Prevention of a crime
were carried out to the fullest, and in this way he manifests his abandonment of
the crime. Obviously, terrorism is committed in almost all cases from the Omani
of members of the criminal association. According to Article 242 of the JC,
membership in a criminal association is an extremely serious crime, the state of
participation of which is completed. However, the legislator, in order to prevent
the consequences of this crime from being very large, guarantees the members
of the criminal association to be exempted from criminal liability if there is no
other criminal content in their actions, urging them to prevent such a crime.
However, the legislator, in order to prevent the consequences of this crime
from being very large, guarantees the members of the criminal association to be
exempted from criminal liability if there is no other criminal content in their
actions, urging them to prevent such a crime.
Conclusion
Special Part provisions for exemption from criminal liability serve critical
roles:
They reinforce the rehabilitative function of criminal justice by rewarding
proactive, responsible conduct.
They are context-specific, often attached to severe crime types, and hinge
on the timing and nature of the defendant’s actions.
They hold heightened effectiveness due to their mandatory, tailored, and
preventive dimensions.
Their significance for legal reform and jurisprudential practice is evident;
expanding such norms could enhance both legal responsiveness and societal
protection.
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