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DEPARTMENT OF CRIMINAL LAW, CRIMINOLOGY AND ANTI-
CORRUPTION
Akbaralieva Mukhayyo Karamatullo qizi
Lecturer at Tashkent State University of Law,
https://doi.org/10.5281/zenodo.14227384
The subjective side of kidnapping is characterized by an intentional form
of guilt. Guilt is the mental attitude of the guilty person to the act he commits. In
kidnapping, the intent in almost every case is premeditated. Thus, there is a gap
between the thought of kidnapping and the moment of the implementation of
this action. During this time, a person can develop a detailed plan for the
abduction: choose the place of the abduction, the appropriate time, study the
identity of the victim, find accomplices, and so on. Premeditated intent always
indicates a higher social danger. In addition to the premeditated, there is also a
sudden intention.
"When committing a kidnapping, the intent according to the degree of
concretization can only be specified (defined), which implies a strict connection
of the volitional moment with certain consequences and circumstances. In other
words, the person anticipates the development of the situation according to a
certain scenario" .
Optional signs of the subjective side are the goal, motive, and emotional state.
The goal is an ideal result in the investigation of the commission of a crime. The
motive is the internal motives of the perpetrator, which caused him to resolve to
commit a socially dangerous act. Emotional state is the mental state of a person
against which he commits a socially dangerous act. According to some authors,
the goal is a mandatory feature in kidnapping.
Thus, A.V. Ivanchin points out the following: "The subjective side of the crime,
within the meaning of the law, is characterized by the purpose of holding the
kidnapped person (not explicitly named in the disposition). Based on this, the
composition of kidnapping is not seen in the actions of the perpetrators, who
moved the victim not with the intention of his subsequent detention, but with
the aim of committing another crime against him (murder, rape, robbery,
robbery, etc.)" . According to article 17 of the Criminal Code of the Republic of
Uzbekistan, the subject of kidnapping may be a natural, sane person who has
reached the age of 14.
Individuals are understood to be citizens of the Republic of Uzbekistan, citizens
of other States, as well as stateless persons. Sanity is the ability of a subject to be
aware of the socially dangerous nature of his actions and to direct them. Based
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on these words, sanity consists of consciousness and will. In the theory of
criminal law, this is called the intellectual and volitional moments. It is worth
noting that when choosing the age of criminal prosecution, the legislator takes
into account the level of psychophysiological maturity of a person, that is, the
intellectual moment is taken into account – the ability to realize the significance
of their actions and the volitional moment – the ability to direct their actions.
The general age of criminal responsibility is set at 16 years old. But in some
cases, as with kidnapping, the age of criminal responsibility has been reduced to
14 years. This is due to the fact that the social danger of such acts to a fourteen-
year-old child, due to his mental development, is already clear. The indication of
the age of fourteen for kidnapping indicates an increased public danger of this
act. Some authors disagree with this age. So, according to N.E. Martynenko, the
objective side of such a crime as kidnapping consists of three mandatory actions:
capturing the victim, moving him and then holding him. In order to capture and
hold a victim, you need to have a certain physical strength, which is not enough
for people aged fourteen to fifteen years .
In our opinion, the legislator's choice of such an age of criminal responsibility for
kidnapping is correct, since the commission of such an act indicates the
development and maturity of the individual. If we talk about physical strength,
then it is different for everyone. A fourteen-year-old person can safely kidnap a
small child, and also understand the meaning of his actions, that he is
kidnapping a person.
References:
1. Ушакова Е. В. Феномен похищения человека в контексте юридической
науки и правоприменительной практики: монография. – М.: ЮНИТИ-ДАНА:
Закон и право, 2017. – 119 с.
2. Уголовное право Российской Федерации. Краткий курс: учебник / науч.
ред. Е. В. Благов. — Москва: Проспект, 2019. – С. 416.
3. Мартыненко Н.Э. Похищение человека: уголовно - правовые и
криминологические аспекты: Дисс... канд. юрид. наук. — М., 1994. – 203 с.
