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CRIMINAL-LEGAL ASPECT OF PERJURY
Sattarov Jasurbek Avazbekovićh
independent researcher of
Law Enforcement Academy of Republic of Uzbekistan
https://doi.org/10.5281/zenodo.15267872
Abstract:
The article covers the content of legal reforms in the field of criminal law
carried out in the Republic of Uzbekistan in recent years, in particular, a detailed
scientific observation about the social danger of the crime of perjury, about the
general description of these crimes.
KEY WORDS:
Perjury, Justice, Judicial system, False testimony, Rule of
law, Criminal law, Social justice.
The activities of the judiciary are directly related to human rights and
freedoms, and justice serves to restore the violated constitutional rights and
freedoms of the individual. In performing these tasks, certain factors are
required to ensure the effectiveness of the activities of justice. Among these
factors, criminal legal protection of justice occupies a special place, since there
are certain types of crimes that are directly directed against justice. Justice,
which protects and defends our society from violations of the law, becomes an
object of criminal legal protection when a crime is committed against it. The
reason for the allocation of these crimes to a separate chapter is explained by
the extreme necessity of justice for the state and society and the need for
separate protection of justice from criminal encroachments.
Crimes against justice can be understood as a set of socially dangerous acts
committed intentionally by the investigator, investigator, prosecutor, judge,
other participants in the judicial process, as well as officials and citizens, which
harm the interests of justice and the individual and impede the implementation
of the tasks of justice in criminal, civil, economic and administrative cases by
violating the laws regulating the investigation, preliminary investigation, judicial
proceedings and the execution of punishment.
Chapter XVI of the General Part of the Criminal Code of the Republic of
Uzbekistan is devoted to “Crimes against justice”, which establishes the types of
crimes against justice and liability for these crimes. The following crimes against
justice are included in the Criminal Code:
Article 230 - bringing an innocent person to justice, Article 230-1 -
falsification (forgery) of evidence, Article 230-2 - falsification of the results of
investigative activities, Article 231 - issuing an unjust verdict, decision, ruling or
decision, Article 232 - failure to execute a judicial document, Article 233 -
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unlawful disposal of seized property, Article 234 - unlawful detention or arrest,
Article 235 - torture and other cruel, inhuman or degrading treatment or
punishment, Article 236 - obstruction of investigation or judicial proceedings
interference, Article 237 - false reporting, Article 238 - false testimony, Article
239 - disclosure of information from an inquiry or preliminary investigation,
Article 240 - evasion of participants in criminal proceedings from fulfilling their
duties, Article 241 - failure to report or conceal a crime, Article 241-1 -
intentional concealment of a crime from recording.
In legal literature, we can witness the division of crimes against justice into
three groups: 1) Crimes committed by persons authorized to exercise the
function of justice. These include crimes such as holding an innocent person
accountable (Article 230 of the Criminal Code), falsifying evidence (Article 2301
of the Criminal Code), issuing an unfair verdict, decision, ruling or decision
(Article 231). 2) Crimes committed by persons to whom procedural coercive
measures have been applied. We can include the crimes of giving false
information (Article 237), giving false testimony (Article 238), and disclosing
information from an inquiry or preliminary investigation (Article 239). 3)
Crimes committed by persons who are obliged to ensure a fair trial as a civil
duty or are obliged to do so by law. An example is the crime of not reporting a
crime or concealing it (Article 241).
The objects of these crimes are social relations, as well as the rights and
freedoms of the individual, related to the implementation of the interests of
justice at the stages of inquiry and preliminary investigation.
The objective aspect of the analyzed crimes is the bringing to justice of
innocent persons. This act is a gross violation of the law, restriction of the rights
and interests of citizens, as well as failure to comply with the interests of justice
in the Republic of Uzbekistan.
Also, Article 236 establishes liability for interference in the investigation or
resolution of court cases, Article 237 for false reporting, Article 238 for false
testimony, Article 239 for disclosure of information from the investigation or
preliminary investigation, Article 240 for evasion of the participants in the
criminal process from fulfilling their duties, Article 241 for failure to report or
conceal a crime, and Article 241-1 for deliberate concealment of a crime from
accounting.
Our head of state emphasized in his speeches that “every person who comes
to the courthouse should leave convinced that there is justice in Uzbekistan,
judges in Uzbekistan should be steadfast defenders of the law and steadfast
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pillars of justice.” Therefore, when passing sentences by courts, citizens must
ensure fair trial as established in the Constitution and the Criminal Procedure
Code, and the law and the court
List of literature used:
1. https://www.uznauka.uz 7/2024
2. https://karaqalpaqstan.sud.uz/archives/3805
3. Gulyamov Z.Kh. Prestupleniya protiv pravosudiya / / Pod ed. i s predisloviem
d.yu.n., prof. U. Tadzhikhanov. - Tashkent, 1997. - P.40.
4. https://www.uznauka.uz 7/2024
5. https://karaqalpaqstan.sud.uz/archives/3805
6. Grigorev F.G. Pravo svidetelya i drugix uchastnikov ugolovnogo
sudoproizvodstva na obespechenie ix bezopasnosti. Journal of Moscow
University. Series 11. Pravo. 2006. No. 3 S-91
7. Umarkhanov A. Giving false testimony // Life and law. No. 3 2004. p. 23-24
8. file:///C:/Users/User/Downloads/EJLFAS0232.pdf
9. file:///C:/Users/User/Downloads/%D1%82+%D0%BE%20(1).pdf
