Volume 02 Issue 11-2022
1
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
02
I
SSUE
11
Pages:
01-06
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
METADATA
IF
–
5.489
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
This article analyzes the subjective side of the crime of intentional homicide and issues related to its specific aspects,
as well as the opinions of scientists in this regard.
Also, in order to distinguish the crime of intentional homicide from the crime of intentional grievous bodily harm,
which caused the death of the victim, the views on the need to take into account the intent of the perpetrator, the
consequences of his actions, that is, his subjective attitude towards the death of the victim, are also presented in the
article.
KEYWORDS
Guilt, intent, murder, crime, punishment, responsibility, subjective side, necessary sign, social danger, feature.
INTRODUCTION
According to the criminal legislation of the Republic of
Uzbekistan, a person is responsible only for his socially
dangerous acts, which are proven guilty in accordance
with the law. The determination of this provision in the
legislation indicates that a person is held responsible
only if he is guilty of a socially dangerous act.
Otherwise, there can be no grounds for prosecuting
the person.
Some aspects of the subjective side of the crime of
intentional homicide were studied in the works of the
scientists of our republic K.R.Abdurasulova ,
Research Article
THE SUBJECTIVE SIDE OF THE CRIME OF INTENTIONAL HOMICIDE AND
ITS SPECIFIC ASPECTS
Submission Date:
November 01, 2022,
Accepted Date:
November 05, 2022,
Published Date:
November 17, 2022
Crossref doi:
https://doi.org/10.37547/ijlc/Volume02Issue11-01
Niyozova Salomat Saparovna
Doctor of Law, Professor of the Department of Criminal Law, Criminology and Anti-Corruption, Tashkent State
University of Law, 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
2
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
02
I
SSUE
11
Pages:
01-06
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
METADATA
IF
–
5.489
Publisher:
Oscar Publishing Services
Servi
A.Otajanov , F.Takhirov , M.H.Rustamboev , M.Musaev
, Kh.Abzalova .
In fact, according to the theory of criminal law, guilt is
a mental attitude of the criminal in the form of intent
or recklessness to the socially dangerous action or
inaction committed by the criminal and to its socially
dangerous consequences. In the criminal law,
responsibility for the actions of a person is defined,
based on the fact that the person realized the social
and political nature of his socially dangerous behavior,
controlled it with his mind, and committed it based on
his will .
Guilt is a necessary feature of all crimes. From this it can
be understood that all crimes, especially murder, are
committed intentionally or recklessly. We would not be
wrong to say that there are no contradictions and
disagreements regarding the forms of intent or
carelessness in the theory of criminal law.
If a person realized the socially dangerous nature of his
act, could foresee its socially dangerous consequences
and wanted such consequences to occur (right
intention) or consciously allowed them to occur
(wrong intention), the crime is considered to have
been committed intentionally (CC 21 -substance).
If a person foresaw the possibility that his actions
would cause socially dangerous consequences, but had
unreasonable hope that such consequences would not
occur (self-belief) or could not foresee that such
consequences would occur, but should have been able
to see them and could (negligence) ), the crime is
considered to have been committed recklessly (Article
22 of the Criminal Code).
In theory and practice, there are two types of
intention: known (concrete) and unknown (non-
concrete).
The crime of intentional homicide that we are
considering, as its name suggests, is committed in the
intentional form of guilt. Manslaughter can be
committed directly or perversely.
This is stated in paragraph 2 of the decision of the
Plenum of the Supreme Court of the Republic of
Uzbekistan "On the judicial practice of cases related to
intentional homicide": "When committing the crime of
intentional homicide, the perpetrator acts with the
intention of depriving the victim of his life, sees the
socially dangerous consequences of his act, and causes
death wants to give (right intention) or consciously
allows it (perverse intention)" .
Therefore, intentional homicide is committed with the
right intention if the subject of the crime realized the
social danger (illegality) of his act, could foresee its
socially dangerous consequences, i.e. the victim's
death, and wanted his death to occur, if the subject of
the crime realized the social danger of his act If he
realized (illegality), could foresee its socially dangerous
consequences, i.e. the death of the victim, and
consciously allowed his death to happen, it is
committed with malicious intent.
In order to distinguish the crime of intentional
homicide from the crime of intentional grievous bodily
harm that caused the death of the victim, it is necessary
to take into account the intent of the perpetrator, the
consequences of his actions, that is, his subjective
attitude towards the death of the victim.
When committing the crime of intentional homicide,
the offender acts with the intention of depriving the
person of life, inflicting grievous bodily harm and in the
cases that caused the death of a person, his fault in
relation to the death is expressed in the form of
carelessness.
Volume 02 Issue 11-2022
3
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
02
I
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11
Pages:
01-06
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
The mental (intellectual) state of intentional homicide
is when a person is aware of the socially dangerous
character of his actions or inaction and is able to see its
socially dangerous consequences, that is, the death of
the victim.
The voluntary state of intentional homicide is
characterized by the fact that the person wants the
death of the victim to occur. For example, in murder,
the subject wants to take another person's life, and in
the case of bodily harm, the perpetrator wants to
cause severe damage to the victim's div.
It is precisely the voluntary nature that distinguishes
true
premeditated
homicide
from
deviant
premeditated homicide. In the case of murder with the
right intention, there is a desire for the death of the
victim in the actions of the perpetrator, while in the
case of deviant intent, there is no desire for the death
of the victim, but a conscious way, that is, the
perpetrator is indifferent to the cause of the death of
the victim. A culpable manslaughter does not want the
victim's death to occur, but consciously allows the
victim's death to occur in order to achieve another goal
(is indifferent).
The decision No. 13 of the Plenum of the Supreme
Court of the Republic of Uzbekistan dated September
24, 2004 "On judicial practice in cases of intentional
homicide" states what should be paid attention to
when determining the intent of the culprit. In
particular, it states, "Determining the intent of the
perpetrator is based on the totality of all the
circumstances of the act, in particular, the method and
weapon of the crime, the number, nature, and location
of injuries (for example, injury to vital organs), the
reasons for the cessation of criminal activities , as well
as the behavior of the culprit and the victim before the
crime was committed, their mutual relations, and the
features of the culprit's actions after the crime was
committed must be taken into account. In fact, a
detailed study of these cases plays an important role in
determining the intent of the culprit, including
whether he committed the crime with the right
intention or with the wrong intention. For example, if
the subject shoots or stabs the victim in the heart, then
his actions are clearly intentional. Because his actions
are directly aimed at the vital organ of the victim, it
shows that the perpetrator has a desire to kill the
victim.
When analyzing the subjective side of the crime of
intentional homicide, it is necessary to study the
motive and purpose of the criminal act. Because the
motive and purpose of the crime is important in the
correct qualification of the crime, in delimiting the
crime from other types of crimes and in assigning a fair
punishment.
According to M.Usmonaliev, the motive of the crime is
the internal driving force (intention) that gives the
person the courage to commit a crime aimed at
satisfying certain demands and interests and is
followed in the commission of a crime . The purpose of
the crime is the mental desire of a person to achieve a
certain result in the future by committing a crime.
In order to make the culprit responsible for murder, it
is necessary to determine whether the crime was
committed with the right intention or with the wrong
intention. If the death was not caused by the wrongful
act of the guilty person, he is not held responsible for
the death. For example, R., B., L. are K. they touch the
honor of and leave him by the river. After they left, K.
he comes to the bank of the river to bathe and drowns
as a result of his foot slipping into the water.
Volume 02 Issue 11-2022
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International Journal Of Law And Criminology
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VOLUME
02
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Publisher:
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riginally R., B., L. are charged as a group for
defamation and manslaughter. The conviction of R., B.,
L. for manslaughter is incorrect due to the lack of
intent and recklessness in their actions to cause the
death of the victim. In this regard, the higher court
canceled the part of the sentence that determined
responsibility for manslaughter.
Attempted murder can be committed only with the
right intention, because the perpetrator is aware of the
socially dangerous nature of his act, saw the death of
the victim and wanted his death, but according to the
circumstances that the death was not due to the
perpetrator (active resistance of the victim, other
persons) ¬'s intervention, due to timely medical
assistance to the victim, etc.) does not occur.
In the commission of this crime, the motive and
purpose are of great importance from the subjective
side. Motive and purpose have a direct impact on the
qualification of the act.
Criminal motive is one of the optional signs of the
subjective side of the crime. The criminal motive is
important in the correct qualification of the act, in
distinguishing the crime from other crimes and in
assigning a fair punishment. Criminal motive
represents the emergence of a specific goal, its
direction. In some cases, the criminal motive is a
necessary sign of the crime, in other cases, it is an
aggravating circumstance. Criminal motive is an
internal feeling that induces a person's decision and
desire to commit a crime. Criminal motive is
characteristic only of intentional crimes. The criminal
motive is formed on the basis of jealousy, revenge,
hooliganism, inter-ethnic, personal grudges, etc.
Concealment of other crimes committed, taking div
organs for transplantation, satisfying sexual needs,
promoting war in order to worsen international
relations, and receiving uncontrollable profits can be.
We can see that crime motive is defined differently in
different literatures. In particular, Rustamboev M.H.
defines the motive as follows, the motive is the
intention to commit certain actions, in particular, the
criminal motive shows a very difficult emotional
(emotional) and volitional process that takes place in
the human psyche. For example, the motive gives a
strong and intense desire to criminal activity, which is
considered an active interest factor (stimulus) of a
person. This is the motive of the crime It is a conscious
or unconscious internal desire of specific needs and
interests that a person relies on to commit a crime .
It can be seen from these definitions that criminal
motive is the emotional stage of preparation for
committing a crime. Common motives for crimes
against life, including manslaughter, include revenge,
jealousy, envy, hooliganism, and inter-ethnic personal
grudges.
The aim of the crime is the desired result for the
offender, that is, what the offender seeks by
committing a socially dangerous act. The desire for it is
so high that a person commits a crime. Determining the
purpose of the crime of intentional homicide makes it
possible to distinguish it from other content crimes.
We can see this in paragraph 4 of the above-mentioned
decision of the Plenum of the Supreme Court of the
Republic of Uzbekistan. It states that "in order to
distinguish the crime of intentional homicide from the
crime of intentional grievous bodily harm that caused
the death of the victim, it is necessary to take into
account the intent of the perpetrator, the
consequences of his actions, that is, his subjective
attitude towards the death of the victim. When
committing the crime of intentional murder, the guilty
Volume 02 Issue 11-2022
5
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
02
I
SSUE
11
Pages:
01-06
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
METADATA
IF
–
5.489
Publisher:
Oscar Publishing Services
Servi
person acts with the intention of depriving the person
of his life, and in cases where serious injury to the div
caused the death of the person, his guilt in relation to
the death is expressed in the form of carelessness.
In conclusion, the motive and purpose of manslaughter
crimes can be important in the qualification of these
crimes. Because they are established in the legislation
as a necessary sign of the structure of some crimes. For
example, crimes committed with the intention of
greed, national or racial enmity, as a result of
hooliganism (paragraphs 97m. 2. "i - p" of the Criminal
Code of the Republic of Uzbekistan) are necessary
signs of intentional homicide in cases of aggravating
responsibility.
Thus, if the motive answers the question of why a
person committed a crime, then the goal shows why
the person committed it and what result he wanted to
achieve .
Also, determining the motive and purpose of
committing crimes against life, determining the forms
and methods of fighting against these crimes, and
developing measures to prevent them, play a very
important role.
The legislator divides the responsibility for the crime of
intentional
homicide
into
several
categories,
regardless of their level of social danger, taking into
account the aggravating and mitigating circumstances
of the crime.
When considering the types of intentional murder
crime according to subjective signs, the following
special signs and characteristics can be identified.
Intentional murder with the intention of malice
(Criminal Code of the Republic of Uzbekistan, Article
97, Clause 2, Part "i") is killing with the desire to get rid
of various benefits or material actions. A qualifying
feature of this crime is greed as a motive for murder.
When it comes to the question of the form of
manslaughter, the subject always acts with the right
intention. The culprit realizes that he cannot achieve
his goal without taking the victim's life. However, in
some cases, murder with the intention of greed can be
committed with malicious intent, in which the
perpetrator does not want the death of the victim, but
realizes that the death will be indifferent to his fate.
Invasion of another person's life is committed with
intent and recklessness, and the inevitability of death
is considered a component of right intent .
In order to understand the composition of intent, all
the circumstances when a person is killed are taken
into account, including the relationship between the
perpetrator and the victim before the crime is
committed, the crime weapon, the location of the
injuries, the behavior of the perpetrator after
committing the crime, etc. The qualification of this
crime takes into account the motive and purpose when
committing the crime of intentional homicide.
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705
)
OCLC
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METADATA
IF
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5.489
Publisher:
Oscar Publishing Services
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