Volume 03 Issue 12-2023
179
International Journal of Advance Scientific Research
(ISSN
–
2750-1396)
VOLUME
03
ISSUE
12
Pages:
179-184
SJIF
I
MPACT
FACTOR
(2021:
5.478
)
(2022:
5.636
)
(2023:
6.741
)
OCLC
–
1368736135
A
BSTRACT
This article describes the concept of recidivist crime and high-risk recidivist concepts, types, the concept
of a minor, cases of finding minors as recidivists and their negative social consequences.
K
EYWORDS
Recidivist, high-risk recidivist, juvenile, recidivist crime, recidivist personality.
I
NTRODUCTION
According to the newly revised Constitution of the
Republic of Uzbekistan, it is the duty of the state
to ensure and protect the rights, freedoms and
legal interests of the child, to create the best
conditions for his physical, mental and cultural
full development, and children and young people
must show loyalty to national and universal
values, from their country and to take care of the
nation's pride in its rich cultural heritage, the
formation of patriotism and love for the
Motherland:
The state ensures the protection of personal,
political, economic, social, cultural and ecological
rights of young people, encourages their active
participation in the life of society and the state;
- for the intellectual, creative, physical and moral
formation and development of young people, the
Journal
Website:
http://sciencebring.co
m/index.php/ijasr
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Research Article
THE CONCEPT OF RECIDITIVE CRIMINALITY CERTAIN
ISSUES
Submission Date:
December 10,
Accepted Date:
December 15, 2023,
Published Date:
December 20, 2023
Crossref doi:
https://doi.org/10.37547/ijasr-03-12-32
Gazibekov Khurshid Iskandarovich
Teacher of the department "Criminal law, criminology and fight against corruption" of Tashkent State Law
University, Uzbekistan
Volume 03 Issue 12-2023
180
International Journal of Advance Scientific Research
(ISSN
–
2750-1396)
VOLUME
03
ISSUE
12
Pages:
179-184
SJIF
I
MPACT
FACTOR
(2021:
5.478
)
(2022:
5.636
)
(2023:
6.741
)
OCLC
–
1368736135
creation of conditions for the realization of their
rights to education, health care, housing,
employment, employment and recreation is
strengthened .
Crime committed by minors is a topical issue of all
times, especially nowadays. Legal measures and
types of punishments and their terms are defined
in the legislation for crimes committed by minors.
Article 3 of the Republic of Uzbekistan No. ORQ-
263 dated September 29, 2010 "On the
prevention of delinquency and delinquency
among minors" defines a minor as a person under
the age of eighteen .
If we pay attention to the statistical data, in the
city of Tashkent alone, in 2019, 126 criminal cases
were tried against 96 minors, of which 66 were
sentenced to 82. According to the indicator of
2020, 71/91 criminal cases were tried, 52/72
were sentenced in 2021. this indicator shows that
215/280 criminal cases were tried, 119/167
cases were sentenced, and in the 2022 indicator,
298/380 criminal cases were tried, 210/301
cases ended with a sentence.
Since the concept of recidivism is considered a
very complex and multifaceted phenomenon in
social life, legislation and scientific sources, this
concept
is
interpreted
differently
by
representatives of science and law enforcement.
The word "recidive" is derived from the Latin
(recidivus) and means "repetitive", "renewable" .
For example, in Article 34 of the Criminal Code of
the Republic of Uzbekistan, the intentional
commission of a new crime after being convicted
of a previously committed crime is considered a
recidivist crime, and in cases where the person
has committed a crime similar to the previously
convicted crime, and in the cases specified
separately in this Code, the sentence is also
subject to other articles of the Special Part. It is
established that the intentional commission of a
new crime by a committed person is considered a
dangerous recidivism crime.
In addition, the intentional commission of a new
crime punishable by imprisonment for a term of
not less than five years, namely:
a) commission of a serious crime by a person who
has previously been convicted of a serious crime
or twice a serious crime and sentenced to
imprisonment for a term of not less than five
years for each of them;
b) it is determined that the commission of a
serious crime by a person who has previously
been sentenced twice for a serious crime or was
sentenced to imprisonment for a period of not
less than five years for serious or extremely
serious crimes, regardless of whether it was
earlier or later, is considered a highly dangerous
recidivist crime.
According to the next part of the law, it is
established that a person can be recognized as an
extremely dangerous recidivist even by a court
verdict, and when the issue of declaring a person
an extremely dangerous recidivist is being
resolved, it is established that his/her convictions
based on the judgments of the courts of other
countries can also be taken into account.
Volume 03 Issue 12-2023
181
International Journal of Advance Scientific Research
(ISSN
–
2750-1396)
VOLUME
03
ISSUE
12
Pages:
179-184
SJIF
I
MPACT
FACTOR
(2021:
5.478
)
(2022:
5.636
)
(2023:
6.741
)
OCLC
–
1368736135
However, when the issue of finding a person as an
extremely dangerous recidivist is being resolved,
the fact that he has been convicted of a crime
committed before the age of eighteen, as well as
the fact that the terms of conviction have passed
or been removed in accordance with the law, are
not taken into account. it is stipulated that the
articles determining responsibility for crimes
shall be applied only if the person was found to be
an extremely dangerous recidivist before
committing this crime in accordance with the
procedure established by law .
In paragraph 3 of Article 14 of the Criminal Code
of the Republic of Kazakhstan, crimes committed
before the age of eighteen, as well as convictions
for crimes committed before the age of eighteen,
as well as the expiration of the terms of conviction
in the manner established by this code or the
convictions that have been removed, are
considered recidivists and dangerous recidivists.
it is determined not to be taken into account .
According to Part 4 of Article 21 of the Criminal
Code of the Republic of Tajikistan, crimes
committed before the age of eighteen, as well as
convictions for deferred execution of the sentence
by conditional serving of the sentence, deferred
execution of the sentence by serving the sentence
on a conditional basis have not been canceled,
persons who have not been sent to places of
deprivation of liberty, it is also established that
the time limit for the conviction has passed or the
conviction has been removed in accordance with
the procedure established by this Code, it is not
considered a recidivism .
According to Part 4 of Article 18 of the Criminal
Code of the Russian Federation, crimes
committed before the age of eighteen, as well as
convictions for deferred execution of the sentence
by serving the sentence on parole, deferred
execution of the sentence by serving the sentence
on parole have not been canceled, persons who
have not been sent to places of deprivation of
liberty, it is also established that the time limit for
the conviction has passed or the conviction has
been removed in accordance with the procedure
established by this Code, it is not considered a
recidivism .
Part 4 of Article 43 of the Criminal Code of the
Republic of Belarus stipulates that recidivism is
not considered a crime in cases where a person
has been convicted of a crime committed before
the age of eighteen or has received or completed
a conviction in accordance with the procedure
established by law .
The criminal law of the Republic of Poland does
not provide for recidivism.
According to the dynamics of the above
indicators, we can see that the cases of crimes
committed by minors have increased.
Dangerous and extremely dangerous recidivism
indicates that a person is prone to commit crimes
of a high level of danger, which should cause
serious legal consequences .
However, in our opinion, the issue of granting the
status of "recidivist crime" to a minor in order to
commit a new crime intentionally after being
convicted of a previously committed crime, in our
Volume 03 Issue 12-2023
182
International Journal of Advance Scientific Research
(ISSN
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2750-1396)
VOLUME
03
ISSUE
12
Pages:
179-184
SJIF
I
MPACT
FACTOR
(2021:
5.478
)
(2022:
5.636
)
(2023:
6.741
)
OCLC
–
1368736135
opinion, recidivism needs to be studied in detail
as a separate research object.
In paragraph 24 of the decision of the Plenum of
the Supreme Court of the Republic of Uzbekistan
No. 13 of May 5, 2008 "On issues related to the
qualification of the act when several crimes are
committed", in accordance with the sixth part of
Article 34 of the Criminal Code, when deciding the
issue of finding a person as an extremely
dangerous recidivist, he 18 that a conviction for a
crime committed before reaching the age of
majority should not be taken into account,
therefore, if the new crime was committed by a
person after reaching adulthood, but during the
period of serving a sentence for an act committed
before reaching the age of 18, he cannot be
considered a high-risk recidivist .
In the decision of the Plenum of the Supreme
Court of the Republic of Uzbekistan dated
February 3, 2006 No. 1 "On the practice of
sentencing by the courts for crimes" in the third
paragraph of paragraph 9, when deciding the
issue of declaring a person to be an extremely
dangerous recidivist, it should be noted that the
sixth part of Article 34 of the Criminal Code
according to the law, the conviction for a crime
committed before the age of eighteen is taken into
account when determining a person as a high-risk
recidivist, based on this, if a person has been
convicted of several crimes in the past, some of
which he committed as a minor, only for crimes
committed as an adult it is explained that the
criminal record should be taken into account .
According to the above legal norm and the
explanations of the Plenum of the Supreme Court
of the Republic of Uzbekistan, according to the
sixth part of Article 34 of the Criminal Code of the
Republic of Uzbekistan, although it is established
that the conviction for a crime committed under
the age of eighteen is not taken into account when
determining a person as an extremely dangerous
recidivist, the first part of this article states that a
person previously intentionally Recidivism is
considered a new crime after being convicted of a
crime. Also, we can see that this rule is not taken
into account when the intentional commission of
a new crime by a person who commits a crime
similar to the previously convicted crime in the
second part, and in the cases specifically specified
in this Code, is also convicted by other articles of
the Special Part, is considered a dangerous
recidivist crime.
According to the opinions of representatives of
the scientific field, the moral and spiritual
characteristics of a recidivist criminal include his
level of intellect (thinking); abilities, skills and
habits; volitional and emotional characteristics;
directions; interests; views; attitude to law and
moral standards; needs; the methods they choose
to satisfy their needs; to choose the path of
immorality; consumption of drugs or alcohol, etc.
can be entered
Social and moral characteristics of recidivist
criminals are also influenced by their specific
environment. Their behavior, behavior, including
entering the path of crime, has a certain meaning
and essence, that is, their inner spiritual world is
expressed in their actions .
Volume 03 Issue 12-2023
183
International Journal of Advance Scientific Research
(ISSN
–
2750-1396)
VOLUME
03
ISSUE
12
Pages:
179-184
SJIF
I
MPACT
FACTOR
(2021:
5.478
)
(2022:
5.636
)
(2023:
6.741
)
OCLC
–
1368736135
So, while the actions of a person reflect his psyche,
Recidivism brings his moral qualities into a
uniform form in the moral character of the
persons who are found to be criminals. It is no
exaggeration to say that this causes people to
commit recidivism.
At this point, there is another side of the issue,
which is that it cannot be denied that recidivists
have positive as well as negative characteristics.
This indicates that it is possible to re-educate
them, look at the world positively, and adapt them
socially to life.
In this regard, it gives us the opportunity to come
to the conclusion that working with minors who
have committed crimes can be as light and
effective as possible.
After all, as the Head of our State, Shavkat
Mirziyoev, stated, "in order to educate a person,
the whole society should work, first of all, we
should eliminate the reasons and factors that
cause criminal situations from our lives. We must
all contribute to this work together".
C
ONCLUSION
In conclusion, taking into account that part 6 of
Article 34 of the Criminal Code of the Republic of
Uzbekistan requires an amendment, we propose
to interpret it as follows: conviction for a crime
committed before the age of eighteen, as well as
the expiration of the time limit for conviction in
accordance with the law, or expunged convictions
are not taken into account when deciding
whether to declare a person a recidivist, a
dangerous recidivist or an extremely dangerous
recidivist.
R
EFERENCES
1.
Constitution of the Republic of Uzbekistan.
Articles
78-79.
https://lex.uz/docs/6445145#6445150
2.
The Law of the Republic of Uzbekistan dated
September 29, 2010 No. ORQ-263 "On the
prevention of delinquency and delinquency
among minors"
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Umidullaev Sh. The concept of recidivism and
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The Criminal Code of the Republic of
Uzbekistan (with amendments and additions
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adabiyotlar publish”, 2023
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(as amended and supplemented as of
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12,
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31575252
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Criminal Code of the Republic of Belapus
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March
9,
2023).
Volume 03 Issue 12-2023
184
International Journal of Advance Scientific Research
(ISSN
–
2750-1396)
VOLUME
03
ISSUE
12
Pages:
179-184
SJIF
I
MPACT
FACTOR
(2021:
5.478
)
(2022:
5.636
)
(2023:
6.741
)
OCLC
–
1368736135
https://pravo.by/document/?guid=3871&p0
=hk9900275
–
National legal Internet portal
of the Republic of Belarus
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CONCEPT OF RECIDITIVE CRIME AND
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Zakirov
Kamoliddin
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Independent
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