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THE CONCEPT OF CONVICTION AND ITS CRIMINAL JUSTICE
SIGNIFICANCE
Jumaboev Akhrorjon
teacher of the department “Legal education”, Fergana State University,
Uzbekistan, Fergana city
Abstract:
this article analyzes the legal essence of the concept of conviction, its
role and significance in the criminal justice system. The article also covers the types
of conviction, procedures for its cancellation, removal or consideration as past, and
analyzes the impact of conviction on the social, legal status of a citizen, in particular,
his rights in the fields of Labor, elections and military service.
Keywords:
conviction, crime, civil society, justice, democracy, human interests.
Annotatsiya:
Mazkur maqolada sudlanganlik tushunchasining huquqiy
mohiyati, uning jinoyat-huquqiy tizimdagi o‘rni va ahamiyati tahlil qilingan.
Shuningdek, maqolada sudlanganlikning turlari, uni bekor qilish, olib tashlash yoki
o‘tib ketgan deb hisoblash tartib-qoidalari yoritilgan va Sudlanganlikning fuqaroning
ijtimoiy, huquqiy maqomiga, xususan, mehnat, saylov va harbiy xizmat sohalaridagi
huquqlariga ta’siri tahlil etilgan.
Kalit so‘zlar:
sudlanganlik, jinoyat, fuqarolik jamiyati, adolat, demokratiya,
inson manfaatlari.
Аннотация:
В данной статье анализируется правовая сущность понятия
судимости, ее место и значение в уголовно-правовой системе. Также в статье
освещаются виды осуждения, процедуры его отмены, снятия или признания
умершим и анализируется влияние осуждения на социальный, правовой статус
гражданина, в частности, на его права в сфере труда, избирательной и военной
службы.
Ключевые слова:
осуждение, преступление, гражданское общество,
справедливость, демократия, интересы человека.
INTRODUCTION
In any democratic society, the application of fair punishment to the perpetrator
of the crime and their re-adaptation to society is one of the main tasks of the legal
system. Through a judicial verdict against the perpetrator of the crime, he is
recognized as convicted. Conviction is an important legal institution that determines
the legal status of a citizen, and not just information about the crime. He shows the
involvement of an individual in a past crime and directly affects his later social life,
the limitation of some of his rights and the possibilities of working in the civil
service. Through the study of this topic, the aim is to analyze the theoretical
International scientific journal
“Interpretation and researches”
Volume 1 issue 13 (59) | ISSN: 2181-4163 | Impact Factor: 8.2
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foundations of the concept of conviction, its role in the criminal justice system and
current issues related to the procedures for the removal or abolition of conviction.
The law relates conviction only to the fact of conviction for the crime committed
by an individual. The person is considered guilty of committing a socially dangerous
act in which there are all signs of the content of the crime provided for by the article
of a special part of the Criminal Code of the Republic of Uzbekistan and convicted
after the publication of the conviction. But any fact of conviction does not cause
conviction either. Sentencing can exist both in imposing punishment on the guilty
person and in exempting them from punishment on the grounds contained in the law.
The origin of the conviction, on the other hand, is related to the sentencing of a
conviction, assigning a certain type and amount of punishment. This provision is
established in Part 2 of Article 77 of the Criminal Code of the Republic of
Uzbekistan: "a person is considered to have been convicted, since the conviction on
which the punishment was imposed has entered into legal force of khukmi. A person
who is exempted from punishment by the court is considered not to have been tried".
LITERATURE ANALYSIS
In accordance with the Criminal Procedure Code of the Republic of Uzbekistan,
the sentence comes into force after the deadline for filing a complaint and filing a
protest in the appeal procedure. In the case of a complaint or a protest in the appellate
procedure, the sentence shall come into force from the date of consideration by the
higher standing court, unless the prediction has been reversed. In the case of convicts
in two or more cases, where a complaint or protest has been made against the
sentence against one of these loaqal, the sentence against all of the convicts will not
come into legal force until the High Court hears the case.
Thus, a person is convicted not only after serving his sentence, but also during
his execution, and this must be taken into account by the court Tomoi. In this case,
neither at the time of the initial investigation into the person, nor after the
announcement of the sentence, the selected precautionary measure against the person
does not matter - during this time, the person cannot be judged. The release of a
person from punishment does not result in a conviction even in cases where, instead
of criminal punishment, a medical coercion measure or, if the convicted person is a
minor, an educational coercion measure is applied to him.
A conviction is a special legal case of a person, which for a person is negative,
first of all, caused by the fact that the consequences of a criminal law nature are
justified by a certain type and amount of punishment.
Section 3 of Article 77 of the Criminal Code of the Republic of Uzbekistan
provides that conviction is of legal importance only in cases where a new crime has
been committed by a person. The conviction of a person is of both general legal and
criminal justice significance.
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In accordance with the Law of the Republic of Uzbekistan “On Amendments to
the Code of the Republic of Uzbekistan on Administrative Offences and on
Administrative Offences”, the Law of the Republic of Uzbekistan “On Amendments
to the Code of the Republic of Uzbekistan on Administrative Offences and on
Administrative Offences” was repealed.it is possible that this will happen in the near
future. Apparently, the Shah could not be forced to commit any crimes, and if the
conviction was declared invalid, then the Shah could not be forced to commit any
crimes and could not be forced to commit any offenses. The defendant stated that he
did not consider himself guilty of committing a crime. In response, the Shah ordered
the execution of all those responsible.
The conviction of a person is understood as the conviction of a person for the
commission of a specific crime, in the act of which all elements of the composition of
the crime are present, as well as the appointment of a certain type and amount of
punishment for this person. The type and amount of punishment does not matter to
find and calculate the person convicted, but, it affects the completion or removal of
the conviction.
METHODOLOGY
The conviction of a person is of universal and criminal legal significance. The
general significance of the legal status of a person convicted of a crime is
characterized by the fact that it is consolidated in regulatory legal acts of the Republic
of Uzbekistan that do not constitute criminal legislation, and they do not have any
significance in the criminal legal sense. In particular, the universal significance of a
conviction is manifested in the obligation of a person to inform official bodies about
the existence of an unfinished or uninstalled conviction, in restrictions on holding a
certain position or engaging in certain activities (for example, limiting the practice of
law). In addition, convicted persons may be prohibited from going to certain areas
and being in places.
The initial time of a person's conviction is determined by the time after the
sentence comes into force. In accordance with the Criminal Procedure Act, the Hukm
shall come into legal force upon the expiration of his appeal or the notice of protest.
In the event of an appeal or a protest, the Hukm comes into legal force on the day the
case is heard by the Superior Court, unless it has been dismissed. When a person is
exempted from criminal liability, as well as when compulsion measures are applied to
him medically, he cannot be recognized as convicted.
RESULTS AND DISCUSSION
Conviction determines the importance of a person when he commits a new crime
in cases provided for by the Criminal Code of the Republic of Uzbekistan. This
implies only the criminal and legal significance of the conviction.
The criminal justice significance of the conviction is as follows:
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-the presence of a case of conviction in a person affects the fact that he is
considered a dangerous and extremely dangerous residivist (Article 34 of the
Criminal Code);
- prevents the release of a person from criminal liability;
- affects the qualification of an act (Article 140 of the Criminal Code);
- is recognized as an aggravating condition in the appointment of punishment;
- conviction affects the determination of the type of penal institution in the
appointment of the penalty of imprisonment (Article 50 of the Criminal Code);
- causes a penalty to be imposed in a separate order.
The criminal legal significance of conviction arises when a person commits a
new crime. In other words, the conviction of a person is taken into account by the
court, in cases where he committed a crime during the period when he was convicted,
that is, from the time when the sentence entered into legal force to his incense or
removal. The commission of a crime before the beginning of the trial or after its
completion does not cause any criminal legal consequences.
The fourth part of the article under review determines the termination or removal
of the deadline for the conviction on general grounds. At the end of the trial, the
person is considered not to have been tried. The completion of the state of conviction
is interrupted by the fact that the person commits a new crime. In this case, the
deadline for the completion of the trial on the first crime is taken into account after
the actual completion of the guilty person's sentence for the last crime. With the
retention of a conviction, all of its actual consequences are void, and a person is not
considered an aggravating circumstance of his criminal liability in the event of a new
crime.
CONCLUSION
In conclusion, conviction is an important institution that determines the legal
status of a person who committed a crime and directly affects the possibilities of his
social activity in society, the use of his rights and freedoms. Through this institution,
the attitude and social control of the state towards the person who committed the
crime is expressed. Conviction is an important tool not only in ensuring the
inevitability of punishment, but also in the Prevention of crime. At the same time, the
clear and fairness of mechanisms to remove, abolish and consider conviction as past
is of great importance in ensuring human rights and freedoms. In the legislation of the
Republic of Uzbekistan, there is a need to further improve the norms on the issue of
conviction, to adapt it to international standards. This, in turn, serves to make the
criminal justice system more effective and humane.
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International scientific journal
“Interpretation and researches”
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