Volume 03 Issue 03-2023
28
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
I
SSUE
03
Pages:
28-31
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
The sanction specifies a certain kind of punishment for offences. Meanwhile, the Criminal Code provides for "Lesser
punishment" when conditions exist that significantly lower the degree of social danger associated with the offense,
in accordance with the principle of humanism in our legal system. This rule, which is a clear illustration of the
humanitarian concept, is found in many countries' criminal codes. The unique characteristics of imposing a reduced
sentence are explained thoroughly in the article.
KEYWORDS
Justice principle, lighter punishment, disposition, sanction, humanitarian principle.
INTRODUCTION
Assigning a fair punishment for a crime is an essential
assurance of the implementation of the principle of
justice of the Criminal Code and criminal justice system.
The punishment specified in the relevant article of the
Special Part of the Criminal Code should be imposed to
criminals in accordance with the general principles of
sentencing, as stated in the Criminal Code of the
Republic of Uzbekistan. Article 57 of the Criminal Code
mentions that sometimes for the crime provided in the
Special Part of the Criminal Code, a lesser punishment
than the minimum punishment or a lighter punishment
not provided in this article may be imposed. The main
aspect of this article can be explained by the fact that
the legislative div, while creating the provisions of
the Special Part of the Criminal Code, cannot fully
explain all the circumstances, aggravating and
mitigating aspects of the situations that may occur in
Research Article
CERTAIN ASPECTS OF LESSER PUNISHMENTS IN THE CRIMINAL LAW OF
THE REPUBLIC OF UZBEKISTAN
Submission Date:
March 21, 2023,
Accepted Date:
March 26, 2023,
Published Date:
March 31, 2023
Crossref doi:
https://doi.org/10.37547/ijlc/Volume03Issue03-05
Akhrorov Damir Aslam
O’g’li
Student
Оf Tаshkent Stаte University Оf Lаw
, 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 03-2023
29
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
I
SSUE
03
Pages:
28-31
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
it. Therefore, even when the court imposes the
sanction's lightest penalty, the punishment may still be
severe for the offender and, in this scenario, may not
be in compliance with the goals highlighted in Article
42 of the Criminal Code.
This exception was included in the law in order to
liberalize the imposition of punishment based on the
humanitarian principle. It is essential to note that while
a lighter punishment that is not indicated in the
sanction of the applicable article of the Special Part of
the Criminal Code may be implemented, the
application of a greater punishment that is not
mentioned in the sanction is strictly prohibited.
According to M.H. Rustambayev, Article 57 of the
Criminal Code only allows the application of a lighter
sentence when there are two legal justifications. These
are:
1) In cases that seriously reduce the level of social
danger of the committed crime;
2) In special cases ;
Which instances, then, are considered to significantly
lower the crime's level of societal danger?
A.S. In accordance with part 3 of Article 57 of the
Criminal Code, Yakubov claims that situations that
collectively reflect the offender's behavior and
character, the extent and severity of his guilt, his
behavior both before and after the crime was
committed, the reasons for the crime's commission,
and the circumstances that made it possible to commit
the crime can all be regarded as situations that
significantly lower the level of social danger .
The existence of these reasons gives the court the
possibility to apply a lighter punishment. Absence of
one of the cited justifications also restricts the
application of this article to the court.
In addition, this article provides for two methods of
imposing a lighter sentence on the defendant, namely:
1) Imposing a punishment that is less severe than the
minimum punishment stated in the sanction;
2) Assigning a lighter type of punishment ;
Based on the above, we will consider some necessary
aspects of imposing a lighter sentence.
Imposing a punishment less than the minimum
punishment provided for in the sanction means
mitigation of the punishment. For example, in
accordance with the first part of Article 110 of the
Criminal Code, a person who commits the crime of
"Torture" shall be fined from fifty to one hundred
times the amount of the base calculation, or up to
three hundred and sixty hours of compulsory
community service, or up to two years of correctional
work, or restriction of freedom from one to three
years, or three shall be punished by deprivation of
liberty up to . According to this article, the court may
impose a lesser punishment on the defendant than the
minimum punishment (fifty times of the basic
calculation amount). However, the minimum amount
provided for this type of punishment in the General
part of the Criminal Code, that is, the minimum amount
of the fine provided for in Article 44 of the Criminal
Code, should not be less than five times the amount of
the base calculation.
Whereas instead of the form of punishment provided
by the article employed by the court, the guilty may be
assigned a punishment that is less severe than the
other types of punishment mentioned in Article 43 of
the Criminal Code. In such a case, the amount of the
Volume 03 Issue 03-2023
30
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
I
SSUE
03
Pages:
28-31
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
type of punishment selected by the court must be less
than the scope provided for in the article of the
Criminal Code's General Part. If the applicable article's
penalties section provides for a lesser sort of
punishment that the judge may impose, the court may
impose a penalty without considering Article 57.
Additionally, the application of the penalty of
deprivation of particular rights is stated as an
additional punishment in a variety of sections of the
Criminal Code. However, if there are grounds specified
in Article 57 of the Criminal Code, the court may not
impose further punishment. For example, in Article 206
of the Criminal Code, it is mandatory to inflict a penalty
of restriction of certain rights as an additional
punishment for the offense of "Irresponsibility
towards the profession". Yet, as previously stated, the
court may not impose further punishment based on
Article 57.
According to the decree of the Plenum of the Supreme
Court of the Republic of Uzbekistan "On the practice of
sentencing crimes by the courts", when the courts
impose a lighter punishment using Article 57, not only
the motive and purpose of the person at the time of
committing the crime, the guilt form and degree, but
also the person of the guilty party, his role in the
commission of the crime and his behavior during and
after the commission of the crime, and the conditions
that led to the commission of the crime.
As noted above, in order to apply Article 57, there must
be special circumstances that seriously reduce the level
of social danger. Therefore, the courts, justifying the
decision made by the court in the sentence, can
recognize some mitigating circumstances and their
combination as such circumstances (for example, full
compensation of material damage, serious illness of
the defendant or his parents, their inability to work,
absence of a parent or child of the criminal, his senility,
his active participation in solving a crime committed by
a group of persons, the illegal behavior of the victim
that motivated the commission of the crime, the
victim's reconciliation with the defendant, etc.) .
If a person is sentenced under many articles or sections
of the Criminal Code, Article 57 of the Criminal Code
must be applied at the sentence for individual offenses,
not after the punishment for the whole of the
offences.
According to Plenum decree of the Supreme Court of
the Republic of Uzbekistan "On some issues of the
application of the Law on the Liberalization of
Punishments to economic crimes," Article 57 of the
Criminal Code can also be applied to Economic Crimes.
In such cases, the fact that the guilty individual covers
at least half of the harm caused by the crime might be
regarded a significant decrease in punishment.
At this point, if we examine international legislation
and pay attention to the Criminal Code of Russian
Federation, we can notice that the following regulation
is established in Article 64 of this Code:
"When there are special circumstances related to the
purpose and motives of the crime, the role of the
perpetrator, his actions during or after the commission
of the crime, and other circumstances that significantly
reduce the level of social danger of the crime, as well
as a participant in a group crime in case of active
assistance in uncovering this crime, the punishment
may be less than the minimum limit provided for in the
relevant article of the Special Part of the Criminal Code,
or a lighter punishment may be imposed by the court"
.
This norm defined in the Criminal Code of the Russian
Federation is closer to th norm in our legislation. In
Volume 03 Issue 03-2023
31
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
I
SSUE
03
Pages:
28-31
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
addition, the Criminal Code of the Russian Federation
specifies three grounds for imposing a lighter
sentence. They are:
1) Assigning the minimum punishment provided for in
the relevant article of the Special Part of the Criminal
Code;
2) assigning a lighter type of punishment, although it is
not provided for in the article of the Special Part of the
Criminal Code;
3) Not applying an additional type of punishment; (If it
is intended as a mandatory punishment) .
In addition, in accordance with Article 59 of the
Criminal Code of the Republic of Azerbaijan, when
mitigating circumstances provided for in Article 62 of
this Code are found, the court has the right to impose
a lighter punishment than the punishment prescribed
by law for a specific crime, taking into account the
circumstances of the crime.
Based on the above, we can conclude that we can
effectively protect the society from criminal attacks,
correct and re-educate the convicted only by imposing
a reasonable and fair punishment. In this regard, it is
not an exaggeration to claim that the fact that our
Criminal Code imposes a lesser penalty than what is
authorized by law is a significant factor in the
liberalization of sanctions and legislation. When
imposing punishment under Article 57 of the Criminal
Code, not only the motive and purpose of the person
at the time of committing the crime, the form and
degree of guilt, but also the identity of the criminal, his
role among the participants in the crime, behavior
during or after the commission of the crime character,
the reasons for committing the crime, and the
circumstances that led to it, should be considered.
REFERENCES
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Rustambayev M.X. Jinoyat huquqi. Darslik-
Toshkent: TDYU nashriyoti, 2019-B 386-387
2.
Yakubov A.S. Jinoyat kodeksi (Umumiy qism).
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3.
Помощник прокурора района юрист 1 класса Е.В.
Васильева
-
“Основания
назначения
более
мягкого наказания”
- 2022
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O‘zbekiston Respublikasi Oliy sudi Plenumining
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sonli “Sudlar tomonidan
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O‘zbekiston Respublikasi Oliy sudining “Jazolarni
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Rossiya Federatsiyasi Jinoyat kodeksi - 21.11.2022
(yangi tahrirdan)
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Rustambayev M.X. Jinoyat kodeksiga sharhlar
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