Volume 03 Issue 11-2023
82
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
11
Pages:
82-84
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
This article talks about the procedure and conditions for applying coercive measures to minors, specific features of
exemption from responsibility or punishment with the use of coercive measures. The article also provides
explanations on the legal regulation of liability or exemption from punishment, the legal status of minors who have
committed a crime. It was told about the role of coercive measures for minors in the prevention of crimes.
KEYWORDS
Minors, coercive measures, crime, exemption from punishment, apology, elimination of damage, special educational
institution, humanitarianism.
INTRODUCTION
Before talking about the use of coercive measures
against minors, their responsibility and the conditions
for exemption from punishment, it is necessary to have
an understanding of minors. According to the current
legislation of the Republic of Uzbekistan, citizens
under the age of 18 are recognized as minors. The
Constitution of Uzbekistan provides the rights of
minors, like all citizens, to education, work, rest, and
ownership.
Also, the criminal law defines the responsibility of
persons who committed a crime under the age of 18,
strictly limited types of punishments assigned
according to the criminal law.These types of
punishment are specified in Article 81 of the Criminal
Code of the Republic of Uzbekistan and include the
following: fine, compulsory community service,
correctional work, restriction of freedom, deprivation
of freedom. These are assigned depending on the type
and nature of the crime, and other types of
punishment or additional penalties cannot be imposed
on minors. The criminal law significantly reduces the
amount and terms of punishment for juvenile
offenders.
Research Article
FEATURES OF APPLICATION OF COERCIVE MEASURES TO MINORS AND
EXEMPTION FROM LIABILITY OR PUNISHMENT
Submission Date:
November 20, 2023,
Accepted Date:
November 25, 2023,
Published Date:
November 30, 2023
Crossref doi:
https://doi.org/10.37547/ijlc/Volume03Issue11-14
Ametova Aysulu Mnajatdinovna
Assistant-Teacher Of Karakalpak State University, Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 03 Issue 11-2023
83
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
11
Pages:
82-84
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
Exoneration from criminal responsibility means the
completion of criminal legal relations, exemption from
punishment means not applying criminal punishment
to the person who committed the crime. The principle
of humanitarianism in criminal law, the ideas of saving
criminal legal repression and its purposeful use are
reflected in the institution of exemption from
punishment or responsibility.
Exemption of minors from responsibility or
punishment with the use of coercive measures is one
of them. Continuing the execution of the sentence
may conflict with the task of quickly returning the
offender to society.
The existence of the institution of release from criminal
punishment or responsibility, to some extent,
encourages the moral recovery of prisoners. When
releasing a minor from punishment, the person is
found guilty by the court, the sentence is not imposed,
but a coercive measure is determined. In accordance
with the requirements of Article 87 of the Criminal
Code, coercive measures are used by the courts
instead of criminal punishment to release minors from
criminal punishment. Determining the list of coercive
measures that can be applied to minors in the law
ensures the uniformity of judicial practice in this area.
Exemption from criminal punishment with the use of
coercive measures is carried out only by the court.
Coercive measures have an educational nature. When
applying a coercive measure, the court must aim at the
goal of re-education. At the same time, this measure
used by the court has the nature of coercion. This is
expressed in the execution of the coercive measure
only on the application by the court and independent
of the discretion of the minor or his legal
representative. The implementation of this impact
measure is ensured by state authorities. Thus, if the
coercive measure has an educational nature according
to its structure, it has a mandatory nature according to
its execution.
According to the current procedures, if a minor
commits a crime punishable by imprisonment for less
than five years for the first time, or if he repeatedly
commits a crime with a low social risk, the court may
release him from punishment. But in this case, the
court should consider the issue of coercive measures
against him. When releasing minors from punishment
and applying coercive measures, the identity of the
culprit and the characteristics of the case are taken into
account.
Based on the rules of interpretation of the criminal law,
a minor who has committed a crime of low social risk
may be released from punishment if he has committed
such a crime before. However, according to the law,
this crime must be committed only repeatedly. This
type of exemption from punishment cannot be used if
the committed crimes constitute a set of crimes
together with crimes provided for in another article of
the Special Part of the Criminal Code of the Republic of
Uzbekistan, or in a different part of the same article. A
juvenile offender can be exempted from punishment
by applying coercive measures only if a minor crime
was committed intentionally. However, this type of
immunity cannot be used if a minor crime was
committed due to negligence.
In order to apply a coercive measure, the following
circumstances must exist:
1) the person was under 18 years of age at the time of
committing the crime;
2) if he has committed a minor crime for the first time
or a crime with a low social risk repeatedly;
3) if it is possible to educate a person without applying
punishment;
Volume 03 Issue 11-2023
84
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
11
Pages:
82-84
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
4) if the level of development is far behind compared
to his age and he has not realized the nature of his act.
In order to determine the level of mental development
of a minor, the court appoints a forensic psychiatric
examination and, according to the conclusion of the
examination, resolves the issue of release from
criminal punishment by applying coercive measures.
When applying coercive measures and exempting from
punishment, the court may take into account the
identity of the guilty person, the time, place,
circumstances, method, form of the crime, the motive
and purpose of the crime, and the amount of the
damage caused. Coercive measures differ from each
other according to their structure. Each measure of
influence has its own characteristics in the upbringing
of minors. According to Article 88 of the Criminal Code,
there are the following types of coercive measures:
1) imposing an obligation to apologize to the guilty
victim in the manner determined by the court
2) imposing the obligation to compensate the amount
of damage caused
3) placement of a minor in a special educational
institution
An apology is the least coercive measure. This type of
coercive measure consists in apologizing to the victim
in accordance with the procedure determined by the
court. This coercive measure is carried out in front of
the victim in the court session, at the place of work, in
the place of residence of the victim or the perpetrator,
in the presence of interested parties. This coercive
measure requires the perpetrator to apologize to the
victim in the order determined by the court.
The obligation to eliminate the damage caused can be
assigned to a person who has reached the age of
sixteen, on the condition of paying from his own funds
or eliminating it with labor. The procedure and period
of implementation of this coercive measure shall be
determined by the court.
Placing a minor in a special educational institution is a
very severe form of coercive measure. The special
educational institution is designed to provide mental,
medical and social rehabilitation of adolescents with
deviant behavior, including correction of their behavior
and adaptation to society, as well as to create
conditions for the education of adolescents.
CONCLUSION
In conclusion, releasing minors from liability or
punishment using coercive measures is listed in Article
88 of the Criminal Code of the Republic of Uzbekistan
and serves to return minors to society by offering a
new mechanism in addition to these coercive
measures.
The norm on the release of minors from punishment or
responsibility with the use of coercive measures is of
great importance in ensuring the principle of humanity
and solving the issue of responsibility of minors. In this
regard, it is justified to consider the issue of release
from punishment of a minor who has committed a
crime of low social risk again or committed a minor
crime for the first time.
REFERENCES
1.
O’zbekston Respublikasining Jinoyat Kodeksiga
sharh. (Umumiy qism) // M.Rustamboyev
–
Toshkent.: “Adolat”, 2016.
2.
Criminal Code of the Republic of Uzbekistan
3.
State laws of the Republic of Uzbekistan
4.
Internet materials
