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A
BSTRACT
The article widely uses logical, inductive, deductive, systematic, logical-legal, comparative-legal research
methods. In particular, it was noted that the qualification of the act, the relationship between the signs of
the objective side of the crime and the method of committing the crime can be classified as follows: 1) from
the point of view of manifestation of the method of committing a crime as a form of a specific socially
dangerous act (reflected in a specific socially dangerous act): a) the relationship between the method of
committing a crime and the weapon of committing a crime; b) the relationship between the method of
crime and the place of crime; 2) from the point of view of the fact that the method of committing a crime is
not reflected in a specific socially dangerous act, but as a necessary sign of the nature of the crime: a) the
relationship between the method of committing the crime and the method as an aggravating (qualifying)
sign of responsibility; b) the relationship between the method of crime and the place of crime. The method
of committing a crime in individual cases makes it possible to distinguish one or another crime objectively
(that is, to distinguish crimes from each other), and gives the presence (or not) of a socially dangerous act,
socially dangerous consequence and other elements of the crime, as well as the optional characteristics of
another objective aspect of the crime. At the same time, the doctrine of criminal law and existing scientific
research were analyzed, and reasonable theoretical recommendations were developed in this regard.
K
EYWORDS
Journal
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Research Article
INTERRELATIONSHIP OF SIGNS OF THE OBJECTIVE SIDE OF
CRIME IN CRIMINAL LAW: GENERAL PRINCIPLES,
PROBLEMS, ANALYSIS AND SOLUTIONS
Submission Date:
January 20,
2024,
Accepted Date:
January 25, 2024,
Published Date:
January 30, 2024
Crossref doi:
https://doi.org/10.37547/ijasr-04-01-20
Khudaykulov Feruzbek Khurramovich
Associate Professor of the Department of Criminal Law, Criminology and Anti-Corruption of Tashkent State
University of Law, Doctor of Science in Law, Uzbekistan
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Crime, corpus delicti, objective side of a crime, socially dangerous act, the time, place, condition of
committing crime, the way of committing crime, interrelationship, signs.
I
NTRODUCTION
When talking about the objective side of the
crime, which occupies the main place in the
structure of any crime, we approve that V.
Timeyko's opinion that "the objective side of the
crime represents the external behavior of a
criminal act committed in a certain place, time
and circumstances" is reasonable [1, P. 6]. The
purpose of advancing this opinion is that the
presence of the place, time, method and situation
of the committing crime is a necessary sign in the
relationship between the objective side of the
crime.
Sometimes it is the means and weapons of the
committing crime that are considered as the
objective side of the crime, and sometimes it
serves to reveal the crime in time.
For example, if we consider the interrelationship
of the signs of the objective side with respect to
"Intentional killing of the mother's own baby"
(Article.99 of the Criminal Code of Uzbekistan.),
the time of committing the crime ("at the time of
childbirth" or "while still giving birth") becomes a
legal significance of the crime. and is considered a
necessary sign of the composition of the crime,
the place of the crime (in a hospital or at home),
the method (killing by pressing, killing by force,
suffocation), weapon or means (killing with a
knife or cutting metal objects) is important for the
composition of this crime does not earn.
However, it should be emphasized that although
the state of committing a crime is not provided for
in Article 99 of the Criminal Code, the state of
committing a crime (the special mental and
physical state of a mother during the birth of her
baby or while she is still giving birth) is the
commission of a crime that is a necessary sign of
the composition of the crime. over time, mutual
crime becomes a legal relationship and becomes
important in the qualification of this act. Because
the mother deliberately kills her baby during
childbirth or during childbirth as a result of
certain psychological and physical conditions:
physical pain during childbirth or an unexpected
fetus (fetus born out of wedlock due to
deception).
The killing of a mother after a certain period of
time has passed after giving birth, i.e., a special
mental and physical condition of the mother, after
the condition of a woman during childbirth or
immediately after childbirth has passed, is
qualified as the main reason and motive of the
crime, according to Article 97 of the Criminal
Code need it was considered necessary to take
into account the time factor in the qualification of
manslaughter [2, P. 82-83].
Article 99 of the Criminal Code talks about the
intentional killing of a mother during childbirth
or while giving birth, and does not refer to the
special mental and physical condition of the
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mother. However, in the Criminal Code of foreign
countries, these cases are taken into account in
the provision of the special section touching
article. For example, Article 106 of the Criminal
Code of the Russian Federation is called "Killing a
newborn baby by a mother", and the provision of
this article is: "Killing a newborn baby by a
mother during childbirth or still giving birth
(immediately after childbirth), as well as causing
mental injury to the newborn baby of the mother
(injury) or in the case of a mental illness (mental
disorder) that does not exclude sanity" is
provided for. When developing the norm of
disposition of Article 99 of the Criminal Code of
the Republic of Uzbekistan, the legislator paid
attention to the objective aspects of the crime, in
particular, the time of the crime. Studying the
results of practice under this article and the
criminal legislation of foreign countries (USA,
Canada, Germany, France, Part 2 of Article 106 of
the Criminal Code of the Russian Federation,
Article 100 of the Criminal Code of Kazakhstan,
Article 133 of the Criminal Code of Kyrgyzstan,
Article 105 of the Criminal Code of Tajikistan [3])
analysis indicates that in our legislation, the state
of committing a crime is not provided for by the
legislator in the provision of Article 99 of the
Criminal Code of the Republic of Uzbekistan.
Studying the results of the practice on this article
shows that it is evident that the intentional killing
of a mother during childbirth or during childbirth
is done in the conditions of a disturbed mental
state or mental injury.
In our opinion, in Article 99 of the Criminal Code,
it would be appropriate if the legislator provided
for the condition of committing a crime (the
special mental and physical state of the mother)
as follows: intentional killing in the condition of
impaired condition or mental injury (injury).
In this case, the factors that cause mental trauma
to the mother are: pregnancy due to dishonor,
missed pregnancy due to abortion (abortion),
anxious behavior of the newborn (a lot of crying,
restless for a long time, not being quiet for a long
time), mother sleeping for a long time. and
deprivation of the opportunity to rest (due to
prolonged childbirth), the presence of the father's
demand to get rid of the baby, the father's refusal
to recognize the baby, refusal to formalize the
marriage, etc.
Secondly, the condition of mental disorder that
does not exclude sanity is that the mother could
not fully understand the importance of her
actions (inaction) or control them due to her
mental state at the time of committing the crime,
such a state does not exclude sanity, it is often
expressed in the form of physiological affect.
In our opinion, the fact that the commission of a
crime in this case is reflected in the norms of the
criminal law served to correctly qualify this crime
by the investigative authorities.
M
ETHODOLOGY
Methods such as logical, systematic, historical,
logical-legal, comparative-legal, analysis of
criminal cases and statistical data, sociological
surveys were used in writing the research work.
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D
ISCUSSION
In this scientific article, we will consider the
relationship between the objective side of the
crime.
In the theory of criminal law, some scientists
consider the method of committing a crime as a
form (form) of a socially dangerous act (action or
inaction) [4, 89-96]. In our opinion, only when the
action and the method are taken as a whole, it is
possible to partially agree with such a view.
For example, robbery (Article 166 of the Criminal
Code) or theft (Article 169 of the Criminal Code)
is defined as an independent method of "openly"
or "secretly" robbery of another's property. not
reflected in a socially dangerous act. In such cases,
the method cannot be considered a form of
socially dangerous act. On the contrary, it is
recognized as a method of committing a crime
that is reflected independently. Articles 110, 112,
118 and 119 of the Criminal Code of the Republic
of Uzbekistan can be cited as an example of the
method of committing a crime as a form of
socially dangerous act.
The method of committing a crime is closely and
interrelated with all elements of the crime
structure. Determining this connection is
necessary in the in-depth study of the method of
committing the crime, in determining the task and
specific features of the crime described in the
norms of the General and Special part of the
Criminal Code.
The relationship between the method of
committing a crime and other facultative signs is
of criminal-legal and criminological significance.
The criminal-legal significance of the relationship
of the method of crime with other facultative
signs is that the presence of these signs can affect
the qualification of the crime and be a criterion for
distinguishing the components of the crime that
are related to each other, for example, articles
164, 165 of the Criminal Code of the Republic of
Uzbekistan. According to Articles 166, 167, 168,
and 169. For example, the difference between
robbery and theft is that in robbery the property
of another is "openly" stolen, while in theft it is
stolen "secretly". The criminological importance
of these problems is that the identification of
facultative signs makes it possible to clarify the
conditions of the committed crime and ultimately
to develop effective measures (measures) for the
prevention of this or other crimes.
The Special Part of the Criminal Code shows that
in most cases, the optional features of the
objective side of the crime enter into a mutual
criminal-legal relationship with the method of
committing the crime. We think that it is
appropriate to classify the method of crime
according to the level of manifestation in an
independent socially dangerous act, and to
consider its interaction with other facultative
signs of the objective aspect of the crime when
qualifying the act.
R
ESULTS
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In particular, in the qualification of the act, the
relationship between the optional features of the
objective side of the crime and the method of
committing the crime can be classified as follows:
1) from the point of view of manifestation of the
method of committing a crime as a form of a
specific socially dangerous act (reflected in a
specific socially dangerous act):
a) the relationship between the method of
committing a crime and the weapon of
committing a crime: article 164, part 2, paragraph
"a" of the Criminal Code (use of force dangerous
to life or health or threat of using such force
(method of committing a crime, which is a form of
a socially dangerous act) - the method of
committing a crime - using a weapon or other
objects that can be used as a weapon)[5];
b) the relationship between the method of crime
and the place of crime: Article 164 of the Criminal
Code. 3-q. "v" b. (use of force dangerous to life or
health or intimidation with the use of such force-
method of committing a crime - illegal entry into
a house, warehouse or other building), Article
166 of the Criminal Code. 3-q. "b" b. (open
robbery of another's property - method of
committing a crime - illegal entry into a house,
warehouse or other premises)[5];
2) from the point of view of the fact that the
method of committing a crime is not reflected in a
specific socially dangerous act, but as a necessary
sign of the nature of the crime:
a) the relationship between the method of
committing the crime and the method as an
aggravating (qualifying) sign of responsibility:
Article 166, Part 2, Clause "a" of the Criminal Code
(openly robbing someone else's property
("openly" means robbery) the method of
committing a crime, which is independently
provided for in the structure of a certain crime
and has a necessary sign) - the method of
committing a crime - is committed in interaction
with the method of committing a crime, such as
the use of violence that is not dangerous to life or
health or the threat of using such violence);
b) the relationship between the method of crime
and the place of crime: Article 169 of the Criminal
Code. 2 q. "g" b. (secretly robbing someone else's
property ("secretly" is a method of committing a
crime that is independently provided for and a
necessary feature of a specific crime of robbery) -
a method of committing a crime - a house,
warehouse or other trespassing and other items.
The method of committing a crime in individual
cases makes it possible to distinguish one or
another crime objectively (that is, to distinguish
crimes from each other), and gives the presence
(or not) of a socially dangerous act, socially
dangerous consequence and other elements of
the crime, as well as the optional characteristics
of another objective aspect of the crime.
In particular, from the point of view of the
manifestation of the method of crime as a form of
a specific socially dangerous act (reflected in a
specific socially dangerous act), it is appropriate
to consider the practical analysis of the
relationship between the method of crime and the
weapon of crime.
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For example, U. V. and S. They were charged with
paragraphs 164-m, 2-q "a", "b" and part 3 "b", "v"
of the Criminal Code. It is known from the case
materials that U. friends V. and S. made a plan and
made a homemade shotgun. On January 6, 2019,
they illegally broke into A.'s house around 2:00
a.m. and attacked A.. U. U. A. threatened him with
a home-made hunting rifle that belonged to him,
his accomplices V. and S. A. was laid on the floor
with his arms folded. After searching the house
and finding only 200 US dollars, they beat A. and
demanded money and valuables from him. They
used force that was dangerous for A.'s life and
health, took gold belonging to A. worth 1 million
soums from the house and tied A.'s hands and feet
and disappeared from the scene. Court U. V. and
assessed the act of S as home invasion committed
by a group of persons and sentenced them to
punishment [6].
In the above case's court documents, we can see
that the invasion was committed by assault, using
life-threatening force, threatening with a weapon,
and trespassing into a dwelling. In this act, the
objective side of the crime, such as the method of
committing the crime (attack and use of life-
threatening force) - the weapon of the crime
(home-made shotgun) and the place of the crime
(with illegal entry into the house), qualify the
commission of optional features. we can see the
interaction in doing. Also, the Chilonzor district
court in criminal cases correctly assessed the
actions of these persons and imposed a fair
punishment on them.
The interrelationship of the method with the
time, place, weapons, means, state (situation),
socially dangerous consequence and causal
connection of the crime is of particular interest,
because the method of the crime is included
among the facultative signs of the objective side
of the crime, depending on the definition of the
substance. can be considered as necessary signs.
Often, the specific time of the day and night, the
specific time of the year (summer or winter) turns
out to be an influencing factor in choosing the
method of committing a crime. For example, in
the crime of robbery, time is of particular
importance in determining the method of
committing the crime. In particular, the night time
creates the choice of a secret method in
committing the crime of theft, the attack in the
crime of invasion usually takes place in the
evening, in the dark, when the flow of people is
limited.
An example of this is the following court material:
R. He was charged with paragraph 169-m, 2-q "g"
of the Criminal Code. It is known from the case
materials that the defendant R. On the night of
October 09 to October 10, 2018, at approximately
00:30, Z. 400,000 soums computer, 15,000 soums
tape recorder, 7,000 soums umbrella, 55,000
soums fan, 447,000 soums worth of equipment,
illegally entered the building of "Super Tb" LLC,
committed theft and hid from the scene. The
culprit R. caught and his deed exposed [7].
The analysis of the case materials shows that the
method of committing the crime (the "secret"
robbery of someone else's property), the place of
the crime (the building of the "SUPER TB" LLC
firm) are related to each other in the qualification
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of the act, and by the legislator place is recognized
as an aggravating (qualifying) sign of theft.
he court carefully, comprehensively and
completely analyzed the circumstances that need
to be proven in the case, correctly assessed the act
and came to the right conclusion.
Currently, the number of crimes committed by
minors and young people is about 2% of the total
crime. Most of these are related to the fact that
adults involve minors in crime through various
methods.
Therefore, in practice, various problematic
situations arise when qualifying Article 127 of the
Criminal Code separately and together with other
crimes.
If we talk about the qualification of crimes
provided for in Article 127 of the Criminal Code,
in theory and practice, two types of attraction to
crime are distinguished: non-specific attraction,
in which the actions of an adult are aimed at
promoting a criminal lifestyle, selecting and
recruiting new criminals to bring them into this
world. and there is no mention of a specific crime.
In case of concretized involvement, teenagers are
involved as accomplices, joint participants or
individual perpetrators of a ready-made crime
conceived by adults, or expressed in actions
aimed at generating and forming criminal intent
aimed at committing this crime in these minors
[8, P.51-55]. It causes some problems in the
qualification of involvement in a concrete form,
since in the actions of an adult there may be signs
of other independent crimes.
However, the disposition of the article currently
does not specify the methods of attraction, which
causes some problems in the application of the
law in practice. Due to this, it is appropriate to
include the acts of attracting a minor to commit a
crime by promising, deceiving, threatening or
other means to part 3 of Article 127.
According to statistics and criminological studies,
theft increases especially during the summer,
when a large (majority) of the population leaves
their homes and goes on vacation. In the spring
and summer, molestation increases, when hot
weather, less clothing, spending more time on the
street, in parks, and on boulevards create
favorable conditions for committing crimes of
sexual violence.
According to the crime method, the location is
interpreted depending on how detailed the crime
method is; detailed examination (detailing) of the
elements and signs of the crime is usually
associated with a detailed examination of the
conditions of the place [9, P. 63].
The mode of crime is also associated with such
large units as war time, harvest time, closing time
of trading places, rush hour, etc. Often, the
composition of the methods of committing a
crime is determined by the use of time units
associated with the realization of certain
processes, appearances ("in time"), even certain
moments ("moment").
As an example, the case of V., S. and Sh., who were
sentenced to punishment according
to
paragraphs 164-m, 2-q "a", "b" and 3-q "b", "v" of
the Criminal Code, can be cited. V., S. and Sh.
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Citizen I. organized an invasion attack. As can be
seen from the case materials, V. with the intention
of illegally possessing someone else's property,
his relative - sister's husband - S. and his friend
Sh. , saying that he has a hunting rifle and its
bullets, I. offered to invade the house of S and Sh.
After agreeing, V. made a mask from children's
socks, bought insulating tape and a knife from the
store. Then V. and S. Knowing that I.'s husband
was a long-distance driver and that he was not at
home often, I. watched the house of They are pre-
I. have studied the daily schedule, the time of
return from work, the time of sleep. After learning
the necessary information, they made a plan,
divided the tasks and on August 26, 2019 I. I.'s
husband is on his next commute, at 03.00 at night.
entered the house while he was sleeping. At the
time of the attack on the house, I., V. and S. I with
a shotgun. threatened, forced him to lie on the
floor and tied his hands. They stole 3,500,000
soums worth of money and other valuables,
totaling 4,500,000 soums, and left the house. V., S.
and Sh. were arrested as a result of quick search
activities of M.Ulug'bek Department of Internal
Affairs. The court carefully, comprehensively and
fully investigated the circumstances that need to
be proven in the case, correctly applied the norms
of the criminal law to them and imposed a fair
punishment [10].
C
ONCLUSION
Analyzing the above court documents, it can be
determined that in the crime of aggression, the
method, weapon, and place of crime are
inextricably linked with each other, and the
weapon and place of crime are considered by the
legislator as a qualifying sign in cases where
responsibility is aggravated. Taking into account
these aspects, the court made a correct
assessment of the criminal act of V., S and Sh.
The method of committing the crime depends on
the location of the crime, such as urban or rural,
open or closed, residence (dwelling), room or
storage place, etc. According to the crime method,
the location is interpreted depending on how
detailed the crime method is; detailed
examination of the elements and signs of the
crime method is usually associated with a
detailed (thorough) examination of the
conditions of the place.
As an example, the Plenum of the Supreme Court
of the Republic of Uzbekistan, based on the
decision No. 10 of June 14, 2002 with
amendments and additions "On judicial practice
in the criminal cases of theft, robbery and robbery
of another's property with invasion" decision No.
6 of April 30, 1999 "house" means a building
intended for permanent or temporary residence
of people (private house, apartment, hotel, room
in a sanatorium, field yard, garden yard, etc.) for
(balconies, glazed porches, warehouses, etc.) is
understood.
A warehouse is a separate device or place
specially equipped and adapted for the
permanent or temporary storage, transportation,
protection of material assets from theft, natural
disasters, theft and loss.Taking possession of
another's property using special devices (hooks,
hooks, magnets, absorbent rubber hoses, clamps,
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etc.) does not constitute a descriptive sign of
robbery in the explained house, storeroom and
other room [11].
At the same time, the above mentioned decision
of the Plenum of the Supreme Court did not
explain the concepts of "another building" and
"another room". In this regard, we believe that
paragraph 9 of the decision of the Plenum of the
Supreme Court of the Republic of Uzbekistan No.
6 of April 30, 1999 "On judicial practice in the
criminal cases of theft, robbery and robbery of
another's property by invasion" should include
the following addition: "Another place means
buildings and structures, regardless of the form of
ownership, intended for the temporary stay of
people or the placement of material assets for
production or other service purposes."
The cited examples show that the method and the
place
of
crime
are
interrelated
and
interdependent, that is, in these cases, illegal
entry has a direct impact on the determination of
the method of crime as a qualifying sign of the
crime of theft, robbery, and invasion.
Correct assessment of the crime scene has a direct
impact on solving the question of the existence of
the method of crime as a qualifying sign.
The choice of the method of committing a crime is
often caused by technical equipment (armament),
availability of one or another weapon and means
to achieve a criminal result (consequence).
Means and weapons of crime, similar to the
method, are considered facultative signs of the
objective side of the crime and are closely related
to each otherHowever, N.F. Mikhaylov also paid
attention to this and does not mean that the first
is a component of the second. The
interrelationship between them shows that the
weapons and means of committing the crime are
often an additional characteristic of the method of
committing the crime. Often, the choice of method
is strongly determined by the means and
weapons used to commit the crime [12, P. 7].
Because of this, A.N. Leontev: "Weapon is not only
the existence of an object (thing), but it acquires a
certain form and has certain physical
characteristics. At the same time, a weapon is a
social object, that is, an object (thing) that has a
certain method of use, is strengthened and
formed by them (the community) in the process
of collective work. To use a weapon (to have a
weapon) means not only to have it, but also to
have a method of action using it as a means of
material realization [13, P. 213].
In the decision of the Plenum of the Supreme
Court of the Republic of Uzbekistan No. 6 of April
30, 1999 "On judicial practice in the criminal
cases of theft, robbery and robbery of another's
property by invasion", paragraph 7, sub-
paragraph 4, requires permission from the
perpetrator during the invasion process. It is
explained that when a firearm is used and when
an invasion is committed using a weapon or other
things that can be used as a weapon (explosives,
poisonous substances, etc.), its actions should be
characterized by this set of crimes [14]. However,
in our opinion, it would be necessary to clarify the
concept of weapons or other objects that can be
used as weapons in more detail. Therefore,
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5.478
)
(2022:
5.636
)
(2023:
6.741
)
OCLC
–
1368736135
labeling them as consisting of explosives,
poisonous substances, etc., created and continues
to create some problems in the practice of law
enforcement.
In practice, invasions are carried out in various
cases, using various objects as weapons.
Examples include sharp pieces of iron, wires,
medical surgical instruments, and other items.
Accordingly, in our opinion, paragraph 7 of the
decision of the Plenum of the Supreme Court of
the Republic of Uzbekistan "On judicial practice in
the criminal cases of theft, robbery and robbery of
another's property by invasion" should be
supplemented with the following part: "Other
things that can be used as weapons in the process
of invasion the term "use" means specially
prepared, before starting a socially dangerous
action, designed to inflict bodily injury dangerous
to a person's life or health and intentionally kill
him, specially adapted to be used as a weapon,
with a shattering or throwing effect. For example,
a chain, a cut pipe, a kitchen knife or other knives,
a razor, an axe, a crowbar, a shovel, a brick, a
stone, a cable
, rebar, etc.” can also be used as
weapons. it is appropriate to give an explanation.
The method of committing a crime that is
dangerous to the lives of others requires the use
of a certain weapon, for example, a grenade for
detonation, a firearm - in order to organize a
shooting in places of mass gathering of people,
etc. Researched materials on criminal cases show
that the majority of intentional homicides are
carried out with the help of one or another
weapon and means of crime. The choice of this or
that weapon, in the studied cases, also caused the
choice of the method of committing the crime.
Taking into account the above points, the high
social risk of committing a crime using weapons
or weapons, ammunition, explosives, explosive
devices, explosions or similar devices, as well as
the official uniform or document of a
representative of the criminal authority, the
criminal behavior of the criminal from the point
of view of evidence that it has reached a stable or
serious level, it is proposed to include the
following clauses in Article 56 of the General Part
of the Criminal Code:
"o) using other objects that can be used as
weapons; p) using weapons, ammunition,
explosives, detonating devices, explosions or
similar devices; r) if the crime was committed
using the official uniform or document of a
representative of the authorities".
In the literature, special attention is paid to taking
into account the situation (situation) of
committing a crime, because it includes all the
situation (conditions) in which the criminal acts,
including the existing obstacle or conditions that
create the basis for committing criminal actions
(the presence of strangers, the uniqueness of the
place) [9, P. 64].
The circumstance(s) of committing a crime are
determined by significant circumstances that
clarify (clarify) and clarify in detail (with details)
a particular crime. In the entire description of the
conditions of the situation - the existence (of a
relationship) between the subject of the crime
and the victim, etc. are expressed.
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The situation often determines the way the crime
is committed. If it exists to a greater or lesser
extent, it may be permanently known only to the
person committing the crime. Situation (situation,
conditions) - being a variable category, often the
relevant elements of the situation can be
determined by the perpetrator at the time of
committing the crime. It is necessary to study the
situation(s) of committing the crime during the
general process of the crime. A change in
intermediate goals or the emergence of new goals
depending on the situation also changes the
nature of the way the crime is committed [15,
P.18].
In short, to determine the interrelationship
(relationship) of the objective side of the crime, in
order to correctly qualify the crimes, it is
necessary to determine how they interact with
each other in some cases. Giving them a correct
criminal-legal assessment often has a direct
impact on solving the issue of the existence of a
method of committing a crime as the main
(constructive) and qualifying feature of the crime.
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SJIF
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(2022:
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)
(2023:
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)
OCLC
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123-136
SJIF
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FACTOR
(2021:
5.478
)
(2022:
5.636
)
(2023:
6.741
)
OCLC
–
1368736135
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