APPOINTMENT OF CRIMINAL PUNISHMENT IN THE PRESENCE OF MITIGATING CIRCUMSTANCES: PROBLEMS OF INDIVIDUALIZATION OF PUNISHMENT AND EXPERIENCE OF UZBEKISTAN
Abstract
In this article, problems of punishment by the courts in the presence of mitigating circumstances, as well as individualization of punishment according to the criminal legislation of Uzbekistan.
The article scientifically-theoretically analyzes theoretical and legal problems of punishment by the courts in the presence of mitigating circumstances, as well as individualization of punishment according to the Criminal Code of the Republic of Uzbekistan. In this case, the signs of the objective side of this crime, its specifics are covered on the basis of the opinions of national and foreign scientists, as well as legislative analysis.
According to author nowadays, a provision has been introduced into the criminal law that for a crime committed under certain punitive circumstances, if there are no aggravating circumstances established in the law, the punishment must necessarily be relaxed.
Section 571 of the Criminal law of Uzbekistan, entitled “The imposition of punishment when the culprit has practically regretted his act”, is defined as: “the term or amount of punishment shall not exceed two-thirds of the maximum penalty provided for by the relevant article of the special part of this code, in the absence of circumstances aggravating the punishment provided for This provision does not apply to persons who have committed crimes related to intentional homicide (part two of Article 97) and terrorism (part three of Article 155) in circumstances that aggravate liability”.
Proposals for the development of national legislation have been put forward in the analyzed issue.
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