ISSN:
2181-3906
2024
International scientifijournal
«MODERN SCIENCE АND RESEARCH»
VOLUME 3 / ISSUE 5 / UIF:8.2 / MODERNSCIENCE.UZ
656
SOCIAL SIGNIFICANCE OF THE INSTITUTION OF CONVICTION
Behzod Kundibayev
Law teacher at Navoi region law school
Azizbek Mavlonov
English teacher at Navoi region law school
https://doi.org/10.5281/zenodo.11212001
Abstract.
There is an institution of conviction in criminal law, but it has a negative social
significance. In Article 2 of the Criminal Code of the Republic of Uzbekistan, the tasks of the code
are given, according to which it is recognized that "... it is also to prevent crimes, to educate
citizens in the spirit of compliance with the Constitution and laws of the republic." Therefore, it is
better to educate citizens in the spirit of respect for the law and engage in prevention than to fight
against the consequences of crime.
Keywords:
conviction, citizens, recidivism, criminal responsibility, prosecution, amnesty
act, compulsory community service, correctional works, restriction of liberty, imprisonment.
СОЦИАЛЬНАЯ ЗНАЧИМОСТЬ ИНСТИТУТА ОСУЖДЕНИЯ
Аннотация.
В уголовном праве существует институт осуждения, но он имеет
негативное социальное значение. В статье 2 Уголовного кодекса Республики Узбекистан
даны задачи кодекса, согласно которым признается, что "...это и предупреждение
преступлений, воспитание граждан в духе соблюдения Конституции и законов
республики". Поэтому лучше воспитывать граждан в духе уважения к закону и
заниматься профилактикой, чем бороться с последствиями преступлений.
Ключевые слова:
осуждение, граждане, рецидив, уголовная ответственность,
уголовное преследование, акт амнистии, обязательные общественные работы,
исправительные работы, ограничение свободы, лишение свободы.
So, what are the negative consequences of conviction?
First of all, "The social significance of conviction is that convicted persons are prohibited
from engaging in certain activities. This situation prevents them from getting a job, occupying a
certain profession, position, and being elected."
If a person commits a new crime before the conviction has ended or the conviction has not
been removed, his situation will be aggravated.
Recidivism may occur depending on the nature and degree of social danger of the
committed act. To better understand the nature of this issue, it is appropriate to refer to the decision
of the Plenum of the Supreme Court of Uzbekistan "On the judicial practice on the application of
the legislation on the completion and removal of the criminal record".
Criminal-legal consequences of conviction occur when a new crime is committed by a
person whose conviction has not been completed or not removed and are expressed in the
following:
- conviction in many cases affects the qualification of a crime, i.e. it increases criminal
responsibility;
- conviction in certain cases is the basis for the recognition of a person as a very dangerous
recidivist;
ISSN:
2181-3906
2024
International scientifijournal
«MODERN SCIENCE АND RESEARCH»
VOLUME 3 / ISSUE 5 / UIF:8.2 / MODERNSCIENCE.UZ
657
- conviction is important for determining the type of penal colony if the person has
previously served a prison sentence;
- conviction is recognized as an aggravating circumstance;
- in cases where a new crime is committed by a person who is serving a sentence for a
previously committed crime, the conviction causes stricter rules to be applied when determining
the punishment according to the set of sentences;
- the presence of an incomplete or unexpunged conviction prevents the release of criminal
responsibility due to the fact that the guilty person has actually repented of his act, and due to the
fact that the person who committed the crime reconciled with the victim.
Article 77 of the Criminal Code of the Republic of Uzbekistan states that "convict is a legal
status arising from the fact that a person has been convicted of a crime". At the same time,
"conviction is the legal status of a person resulting from the imposition of punishment by a court
sentence, and it is manifested in the occurrence of certain negative consequences of a criminal-
legal and general legal nature against this person"
The beginning of the state of conviction is the date of entry into legal force of the conviction
on which the punishment was imposed.
A person who has been released from criminal liability on the following grounds is
considered unconvicted:
- in connection with the expiration of the term of prosecution;
- in connection with the fact that the act or the person has lost his social danger;
- in connection with the fact that the guilty person is actually sorry for his act;
- in connection with the fact that the person who committed the crime reconciled with the
victim;
- due to the illness of the person who committed the crime;
- in connection with the application of the amnesty act.
There are issues that are important to know when studying the institution of criminal
justice. One of them - the state of conviction is completed in the following terms:
- in relation to those sentenced to conditional sentences - from the day of the end of the
probationary period set for the person by the court;
- after serving the punishments in the form of compulsory community service, restriction
on service or sending to a disciplinary unit;
- one year after the date of execution of the fine, as well as after the completion of the
punishments of deprivation of certain rights or correctional works;
- two years after serving the sentence of restriction of liberty;
- four years after serving a sentence of imprisonment for a term not exceeding five years;
- seven years after serving a sentence of imprisonment for a period of more than five years,
but not more than ten years;
- ten years after serving a sentence of imprisonment for a period of more than ten years,
but not more than fifteen years.
The next important issue is the issue of early removal of convictions. According to the
Criminal Code, at the request of a person who has served a sentence or his representative, the court
can remove his conviction after at least half of the above-mentioned periods have passed.
ISSN:
2181-3906
2024
International scientifijournal
«MODERN SCIENCE АND RESEARCH»
VOLUME 3 / ISSUE 5 / UIF:8.2 / MODERNSCIENCE.UZ
658
In addition, our legislation stipulates that persons who have served a sentence of fifteen
years or more, as well as extremely dangerous recidivists, if they do not commit a new crime
within fifteen years after serving the sentence, the court can remove their conviction.
Convictions serve the following purposes:
- in many cases, it allows to continue measures to educate persons who have served their
sentence even after serving their sentence;
- it creates conditions to control persons who did not go to the right path during the serving
of the sentence even after serving the sentence and thereby help them to go to the path of honest
work;
- if a person commits a new crime, he refrains from committing a crime because he knows
what serious consequences will arise for him.
These cases show the legal importance of the institution of conviction.
REFERENCES
1.
https://lex.uz/docs/111453
2.
https://lex.uz/uz/docs/2793078
3.
Criminal law. (General part) Textbook for legal technical school students. Responsible
editor: (PhD) H. Ochilov - T.: Adolat publishing house, 2020. p. 215.
