Volume 02 Issue 11-2022
7
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
02
I
SSUE
11
Pages:
07-14
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
METADATA
IF
–
5.489
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
In this article, the author made some comments on the concept, signs, legal foundations and types of the institution
of exemption from punishment in accordance with the criminal legislation of the Republic of Uzbekistan. Also, some
experts stated that the exemption from punishment differs according to the circumstances that depend on the act
and depend on the person, giving examples to them. In particular, in connection with the fact that the exemption
from punishment for circumstances related to the act has passed the term of execution of the sentence, the amnesty
provided for the types of exemption from punishment on the basis of an act or pardon.
According to author the main type of exemption from punishment under National Criminal Law includes the grounds
for exemption from punishment without serving a certain part of the convicted punishment. They are exempted from
punishment in connection with the expiration of the term of execution of the sentence; exemption from punishment
in connection with the loss of a person's social danger character; exemption from punishment in connection with the
fact that the guilty person sincerely regretted it; conditional conviction; exemption from punishment due to illness or
loss of ability to work is characteristic.
And as types of exemption from additional punishment, it is understood that the convicted person, starting to serve
the sentence, is released from punishment on certain conditions after serving a certain part of the assigned
punishment. It is characteristic of them, early conditional release from serving the sentence; replacement of
punishment with a mild one; exemption from punishment on the basis of an amnesty act or pardon.
Research Article
THE CONCEPT, SYSTEM, SOCIO-LEGAL ESSENCE OF EXEMPTION FROM
PUNISHMENT IN THE CRIMINAL LEGISLATION OF UZBEKISTAN
Submission Date:
November 05, 2022,
Accepted Date:
November 15, 2022,
Published Date:
November 25, 2022
Crossref doi:
https://doi.org/10.37547/ijlc/Volume02Issue11-02
Elbekjon Turgunboev
Researcher Of Tashkent State University Of Law, Tashkent, Republic Of 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 02 Issue 11-2022
8
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
02
I
SSUE
11
Pages:
07-14
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
METADATA
IF
–
5.489
Publisher:
Oscar Publishing Services
Servi
KEYWORDS
Grounds for exemption from punishment, probationary period, formal and material grounds for exemption from
punishment, exemplary behavior, honest attitude to work, types of exemption from additional punishment.
INTRODUCTION
Liberalization and improvement of criminal law in
order to ensure reliable protection of a person, his
rights and freedoms, legitimate interests is considered
one of the priority tasks in Criminal Legal Policy. The
reforms in our country today are of great importance
for raising human dignity, protecting human rights and
freedoms through criminal legal means.
Also in the development strategy of New Uzbekistan
for 2022-2026 "... it was established that the further
increase in the effectiveness of the protection of
dignity and freedom of citizens in the processes of
combating a new type of crime will be consistently
continued as a priority [1].
In Criminal Law, Crime and punishment are the most
central concepts. In criminal law, criminal punishment
is defined as a coercive measure that applies to the
guilty by a court sentence, providing for the
deprivation of a convicted person of certain rights and
freedoms or their restriction. It is used in order to
morally correct the convicted person, prevent him
from continuing criminal activity, and prevent the
convicted person, as well as other persons, from
committing a new crime.
MATERIALS AND METHODS
The concept of exemption from criminal punishment
and its distinctive features study, analysis of the norms
of legislation providing for this situation. For this,
methods of scientific cognition were used, such as
analysis, historical-comparative method, abstraction
and comparison.
RESULTS OF RESEARCH
The deprivation of a person of certain rights and
freedoms in the appointment of punishment in relation
to the person who committed the crime does not imply
the infliction of suffering in relation to the person [2],
however, some scientists believe that the goal pursued
from him will be achieved only when the punishment
forces the guilty person to spiritual suffering [3].
M.Rustambaev emphasizes that punishment should be
expressed in the deprivation or restriction of certain
rights, and that such deprivation or restriction should
only be in accordance with criminal law [4].
The goals of punishment are the final result that the
state seeks to achieve through the application of
punishment [4], it also appears as a function of criminal
executive legislation.
18th century Italian lawyer Ch.Beccaria spoke about
this ‘..it is only necessary to apply such
punishment that
it is... let the most powerful influence on the spirit of
people and cause the least suffering to the div of the
criminal’ [5].
Criminal punishment and its passage, like a criminal act,
is seen as a social phenomenon. In this regard, we fully
support Usmonaliev's opinion that even after the
expiration of a certain part of the term of punishment,
the property of social danger of the individual
disappears, the early achievement of the intended
Volume 02 Issue 11-2022
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International Journal Of Law And Criminology
(ISSN
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VOLUME
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5.
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OCLC
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1121105677
METADATA
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5.489
Publisher:
Oscar Publishing Services
Servi
purpose from punishment does not make it necessary
to continue serving the sentence [6]. Because,
according to the above grounds, the exemption from
punishment corresponds to the content of the
humanitarian principle of criminal law.
This institution consists in the complete or partial
release of the guilty person from the punishment
imposed by the conviction of the court, in the release
of the guilty person from the legal consequence(s) of
committing a crime, in the period of serving the
sentence, stimulating socially useful behavior.
As Rustamboev reasonably noted, criminal law serves
not only as the appointment of punishment for the
crimes committed, but also the application of incentive
norms in relation to the person for positively
characterized acts that seriously reduce the social
danger of the crime committed [7]. This opinion is
supported by another scientist, who explains that
incentive norms are one of the special functions of
criminal law [8].
Exemption from criminal punishment is understood as
the release of a person from the execution of an act in
court in the content of which an indictment is made,
and the convicted person from the imposition of
punishment or the serving of the assigned punishment,
as well as the continuation of the serving punishment.
However, it is applied not in cases where it is
determined that a person has no guilt in committing a
crime, sharply different from the imposition of an
acquittal sentence, but in relation to the guilty
(convicted), for whom the guilt of this institution has
been proven and confessed to his deed.
The court does not foresee the impact of the assigned
punishment on the convicted person, how long the
future serving of criminal punishment will affect his
moral recovery, mental state, how long it will take for
the convicted person to achieve the intended goal of
punishment or for the work or study of the convicted
person, engage in socially useful labor, lead an honest
lifestyle. Even for this reason, as a rule, exemption
from punishment applies to the convicted person who
is serving the sentence. This is how its different aspect
from the institution of exemption from criminal liability
is manifested.
The fact that the convicted person has lost the nature
of social danger during the period of serving the
sentence means that the goal pursued by the
punishment has been achieved, in which it will not be
advisable for him to continue serving the sentence.
In these aspects, in criminal law, the legislator
established the following eight types of exemption
from punishment:
–
exemption from punishment in connection with the
expiration of the term of execution;
–
release of a person from punishment in connection
with the loss of the property of social danger;
–
exemption from punishment in connection with the
fact that the guilty person practically regretted his act;
–
conditional judgment;
–
early conditional release from serving the sentence;
–
replacing punishment with a lighter one;
–
exemption from punishment due to illness or loss of
ability to work;
–
exemption from punishment on the basis of an
amnesty act or pardon.
Volume 02 Issue 11-2022
10
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
02
I
SSUE
11
Pages:
07-14
SJIF
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(2021:
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(2022:
5.
705
)
OCLC
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1121105677
METADATA
IF
–
5.489
Publisher:
Oscar Publishing Services
Servi
On the basis of this list, the differentiation of types of
exemption from punishment indicates the legal nature
of this institution [9]. In support of this opinion, we
believe that this situation also represents the
competition of justice and humanitarian principles of
criminal law.
Scientists also classify the types of exemption from
punishment according to some aspects. In particular,
Usmonaliev explains the release of criminal
punishment as full and partial types.
Types of full exemption from serving criminal
punishment:
–
exemption from punishment in connection with the
expiration of the term of execution of the sentence
(Article 69);
–
release of a person from punishment in connection
with the loss of the property of social danger (Article
70);
–
release of the guilty person from punishment in
connection with his sincere regret (Article 71);
–
conditional judgment (Article 72).
In this classification, the court makes a decision not to
execute it due to the fact that a criminal punishment is
imposed by the indictment and the execution of the
assigned punishment by the convicted person is not in
accordance with the purpose of the punishment.
As types of exemption from the unfulfilled part of the
punishment imposed by the court, the following are
cited:
–
early conditional release from serving the sentence
(Article 73);
–
replacement of punishment with mild (Article 74 );
–
exemption from punishment due to illness or loss of
ability to work (Article 75);
–
exemption from punishment on the basis of pardon
(Article 76);
–
through an amnesty act can release from both
liability and punishment.
Rustamboev also interprets a mixed type, in addition
to a complete and partial form of exemption from
punishment. According to him, a mixed type of
exemption from punishment includes exemption from
punishment (Article 75 ) as a result of illness or loss of
ability to work, and on the basis of an amnesty act or
pardon (Article 76). They also include exemption from
full and partial punishment [10].
Some scientists also distinguish between subjective,
objective, mixed types of the general basis for
exemption from punishment.
Subjective types of exemption from punishment
include such situations as a person's positive behavior
after the commission of a crime, exemplary behavior,
honest attitude to work and study, fulfilling the
requirements of the established procedure for the
types of punishment, making an order to bear the guilt,
actively contributing to the disclosure of the crime and
compensating for the damage caused.
The sum of the second condition with one condition
forms the objective side of the grounds for exemption
from punishment. Subjective and objective conditions
are significant for making decisions by the court. These
conditions are: a) compensation for the damage
caused b) coercion to harm c) committed as a result of
severe conditions d) sincere regret for guilty own guilt
Volume 02 Issue 11-2022
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OCLC
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METADATA
IF
–
5.489
Publisher:
Oscar Publishing Services
Servi
e) the expiration of the term of execution of the
sentence f) early termination (replacement) of
punishment g) public impact measure h) educational
measure j) medical measure k) conditional sentence
measure [11].
The objective basis for exemption from punishment
arises due to changes in nature and society. An
example of them is the exemption from punishment
(Article 69) in connection with the expiration of the
term of execution of the sentence; the grounds for
exemption from punishment (Article 75) caused by
illness or loss of ability to work. While the mixed type
includes objective and subjective factors, and the
objective, societal change is that an amnesty act is
adopted, subjective pardon is a mixed type of
exemption from punishment based on an amnesty act
or pardon (Article 76) due to the fact that a person has
served a certain period of punishment and has been
released from punishment due to positive behavior.
Some scholars propose to classify exemption from
punishment and classify them into types such as
exemption from punishment according to the person
and the circumstances that depend on the act.
This includes exemption from punishment according to
circumstances related to the Act (Article 69) in
connection with the expiration of the term of
execution of the sentence; exemption from
punishment on the basis of an amnesty act or pardon
(Article 76).
And according to circumstances related to the person,
exemption from punishment in connection with the
loss of the nature of the person's social danger (Article
70); conditional sentence (Article 72); conditional
release before serving the sentence; (Article 73)
replacement of punishment with a mild one (Article
74); exemption from punishment due to illness or loss
of ability to work (Article 75).
In addition to the above, it is controversial that
incentive norms provided for by the sanction of certain
norms in a special part of criminal law are considered a
form or method of exemption from punishment.
Looking at this situation, initially, a number of articles
of the Criminal Code (180, 181, 184, 185, etc.) were
established by the law of the Republic of Uzbekistan
‘On some additions and amendments to the Criminal
Code’ of
August 20, 1999.) in the event that the
material damage caused is covered in a three-time
amount, the punishment in the imprisonment sect is
filled with the section on non-application.
Also, by the law of the Republic of Uzbekistan dated
August 29, 2001 ‘
On amendments and additions to the
Criminal, Criminal procedural codes and Code of
Administrative responsibility of the Republic of
Uzbekistan in connection with the liberalization of
criminal penalties’ to several articles of the Criminal
Code (167, 168, 170, etc.).) the role of material damage
caused is filled with the section on the non-application
of punishment in the imprisonment sect in case of
compensation.
In addition to these, a number of articles of a special
part of the Criminal Code provide for exemption from
punishment. In particular, the third part of Article 157
(treason); the fifth part of Article 159 (encroachment
on the Constitutional Order of the Republic of
Uzbekistan); the third part of Article 160 (espionage),
etc. Exemption from punishment provided for in the
articles of a special part of the Criminal Code, if there
are conditions provided for by the same norm, can only
be exempted from the punishment assigned to the
crime specified in the same article.
Volume 02 Issue 11-2022
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Publisher:
Oscar Publishing Services
Servi
In connection with the liberalization of the judicial and
legal system, several articles of the special part of the
Criminal Code were supplemented with a new content,
in which it was established that when the material
damage caused was compensated in the amount of
three times, there was no restriction of freedom and
the imposition of punishment in the field of
imprisonment. For example, the fourth part of Article
132 (destruction, destruction or damage to
monuments of history or culture);
The fourth part of Article 173 (intentional destruction
of property or damage to it), etc. Also, a number of
substances were supplemented with a part of the
content that ‘The punishment in the sect of deprivation
of Liberty will not apply if the role of material damage
caused is covered’ [12].
The fact that the harm caused by a person in the event
of damage to relations protected by the state is
compensated by the guilty is a motivating factor for
the fact that the person is not separated from society
by the restriction of freedom in relation to him or the
imposition of punishment in the sphere of deprivation
of Liberty.
Exemption from punishment provided for in the
articles of a special part of the criminal law, if there are
conditions provided for by the same norm, can only be
exempted from the punishment assigned to the crime
specified in the same article.
Today, the Criminal Law of Uzbekistan contains an
incentive norm on the release of a person from
punishment in the event of compensation for material
damage caused in the composition of 14 crimes.
Such refills included in the Criminal Code are explained
by Usmonaliev not as exemption from liability or
punishment, but as a new way to impose criminal
penalties [13]. In his opinion, if the guilty fulfills certain
conditions, the court will not impose a more severe
punishment, and the guilty person will not appoint a
punishment for deprivation of Liberty provided for in
the framework of the sanction of the norm in which the
act was qualified, and will appoint another lighter type
of punishment in the sanction.
However, Article 175 of the criminal law applied a
stimulating norm on the release of a person from
punishment in case of compensation in the amount of
material damage tripled. Although there are
alternative criminal penalties in the sanction of this
norm, the compensation of material damage caused by
the legislator means the complete release of the guilty
person
from
punishment.
Accordingly,
it
is
controversial to agree with Usmonaliev that the
application of incentive norms is a new way of
assigning criminal punishment. It seems to us that this
situation will belong to a mixed type of punishment
exemption, which depends on the person.
CONCLUSION
In conclusion, it is important to note that in Uzbek
criminal law, a distinction is theoretically made
between full exemption from punishment on parole
and partial exemption from punishment.
In full exemption from punishment, the court issues an
indictment and, having established a punishment,
judges the non-execution of the established
punishment.
When the convicted person is partially released from
punishment, he will serve only part of the punishment
established by the court and will be released from the
part that has not been served, or this part will be
replaced with a lighter one.
Volume 02 Issue 11-2022
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International Journal Of Law And Criminology
(ISSN
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2771-2214)
VOLUME
02
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11
Pages:
07-14
SJIF
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FACTOR
(2021:
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)
(2022:
5.
705
)
OCLC
–
1121105677
METADATA
IF
–
5.489
Publisher:
Oscar Publishing Services
Servi
Types of full exemption from punishment include:
1. Exemption from punishment in connection with the
expiration of the term of execution of the sentence;
2. Release of a person from punishment in connection
with the loss of the nature of social danger;
3. Exemption from punishment in connection with the
fact that the guilty person sincerely regrets his guilt;
4. Conditional judgment.
And the types of partial exemption from punishment
include:
1. Early conditional release;
2. Replacing punishment with a lighter one.
Exemption from punishment as a result of illness or
loss of ability to work and exemption from punishment
based on an amnesty act or pardon can be both full
exemption from punishment and partial exemption
from punishment, depending on the time and
consequences of their application. There can be both a
complete release from punishment and a partial
release from punishment. there can be both a
complete release from punishment and a partial
release
from
punishment.
Exemption
from
punishment as a result of illness or loss of ability to
work and exemption from punishment based on an
amnesty act or pardon can be both full exemption from
punishment and partial exemption from punishment
depending on the time of their application.
Based on the above, the socio-legal nature of the
existence of the Institute of penal exemption in
criminal law of the Republic of Uzbekistan is
manifested in:
–
encourages the convict to move faster to the path of
an honest lifestyle;
–
the widespread use of punishment is expressed in
reducing the consumption of the state budget in the
economic aspect, and in the social aspect in preventing
the negative impact of the criminogenic situation in
institutions of imprisonment on convicts;
–
the widespread introduction of incentive norms in
criminal law is consistent with the generally recognized
rules and principles of international law, which, in turn,
serves to ensure the interconnection of National
Criminal Legal Policy with international legal policy.
REFERENCES
1.
Decree of the President of the Republic of
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kistan ‘On the development strategy of
New
Uzbekistan
for
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–
2026’.
https://lex.uz/docs/5841063
2.
Galperin I.M. Punishment: social functions,
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3.
Nikiforov B.S. Punishment: its integrative and
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execution of punishment.
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M., 1999.
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P. 117.
4.
Rustambaev M.H. Course on Criminal Law of
the Republic of Uzbekistan. T.2. General part.
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ILM ZIYO, 2011.
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p.12.
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Islamav Z.M. The concept, essence, social
function of law. Tutorial. T.:, TDYUI, 2004.
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Usmanaliev M. Criminal law. General part.
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Rustambaev M.H. Criminal Law (General part).
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(2021:
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(2022:
5.
705
)
OCLC
–
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METADATA
IF
–
5.489
Publisher:
Oscar Publishing Services
Servi
8.
Usmanaliev M. Criminal law. General part.
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T.:, Generation of the new century, 2010, pp. 18-
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Bohan A.P., Khachatryan S.S. Classification of
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Rustambaev M.H. Criminal law. II full.-
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Sverchkov V.V. Grounds for exemption from
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