THEORETICAL ASPECTS IN THE FORMATION OF
PEDAGOGICAL SCIENCES
International scientific-online conference
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CRIMINAL DESCRIPTION OF FALSE TESTIMONY
Sattarov Jasurbek Avazbekovićh
independent researcher of
Law Enforcement Academy of Republic of Uzbekistan
https://doi.org/10.5281/zenodo.15322328
The object of the crime of false testimony is the normal activities of the
inquiry, preliminary investigation, prosecutor's office and judicial bodies, as well
as the rights and interests of citizens, enterprises, institutions and organizations
protected by law.
The objective aspect of the crime provided for in Part 1 of Article 238 of the
Criminal Code is expressed in the performance of one of the following actions: a
witness knowingly gives false testimony, a victim knowingly gives false
testimony, an expert knowingly gives a false conclusion, a translator knowingly
makes a false translation from one language to another. All of these actions can
be performed in court or during the inquiry or preliminary investigation.
Testimony is the provision of information about circumstances that are
important for a criminal or civil case, circumstances that need to be clarified.
Article 238 of the Criminal Code does not take into account circumstances that
are irrelevant to the case (for example, changing the reasons for the witness's
appearance at the crime scene). Intentional distortion of circumstances of
evidentiary importance by a witness or victim during the inquiry, preliminary
investigation and trial is considered perjury. Reporting untrue or distorted facts
of the case, or denying existing facts or failing to testify about these facts is also
considered perjury. (See the commentary to Article 235 of the Criminal Code on
the concepts of "witness" and "victim").
Repetition of testimony by a witness or victim during a court session or
during the preliminary investigation cannot be considered a new crime. In this
case, the act committed is a continuation of the previous crime.
Knowingly false information by a witness or victim is considered to have
been given from the moment of the end of the interrogation of the witness or
victim in court, during the inquiry or preliminary investigation (i.e., from the
moment the interrogation protocol is signed).
Expert - any person who has the necessary knowledge to issue an opinion
on scientific, technical and other special issues arising in criminal,
administrative, civil and economic cases. Using his special knowledge, he draws
up an opinion on his own behalf on the basis of an objective and comprehensive
investigation and is responsible for the opinion he presents (Article 67 of the
Code of Criminal Procedure).
THEORETICAL ASPECTS IN THE FORMATION OF
PEDAGOGICAL SCIENCES
International scientific-online conference
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Expert opinion - an opinion presented by an authorized person on the basis
of special knowledge on any aspect of the case submitted for investigation. The
opinion may be presented only by an authorized person.
Incorrect expert opinion - an incorrect assessment of the case materials
(documents, evidence) by an expert. Also, distortion of facts on the
circumstances identified during the examination, failure to indicate these facts
in the conclusion, giving an incorrect explanation are also considered incorrect
conclusions. According to the Criminal Procedure Code of the Republic of
Uzbekistan, an expert of a state or non-state institution, an employee of another
enterprise, institution, organization (part 1) or an individual may participate as
an expert (Article 174 of the Criminal Procedure Code)
The crime is considered to be completed when the expert gives an incorrect
conclusion.
Translation is an activity aimed at expressing any information, data in one
language in another language. By language, not only a spoken ("sound")
language can be understood, but also a widely used and used sign language that
does not require special knowledge (for example, the language of the
Carpathians) (including the ancient Egyptian language, some kind of code).
Translation can be carried out from one language to another, both written and
oral, by one or several translators. It should be noted that only persons who are
involved in a specific case as translators can be held liable for knowingly making
an incorrect translation.
Incorrect translation is expressed in the incorrect translation of a written or
oral speech from one language to another, distorting its content. Incorrect
translation also includes maintaining silence in certain circumstances depending
on the circumstances of the case. 12. If the translator signs the written
translation or the translation is an oral translation, the crime is considered to be
completed after the translation is completed. 13. The subjective aspect of the
crime is expressed in the correct intent. The listed persons understand that the
testimony, conclusion or translation they are giving does not correspond to the
truth and try to provide them to the court or other bodies administering justice
as incorrect information. The sign of prior knowledge distinguishes the behavior
that is being interpreted as punishable from reckless behavior for which no
punishment is prescribed. This may be, for example, the victim or witness giving
false testimony due to forgetfulness or distraction, or an incorrect conclusion or
translation by an uneducated expert or translator. The motive for the crime
THEORETICAL ASPECTS IN THE FORMATION OF
PEDAGOGICAL SCIENCES
International scientific-online conference
19
(prejudice, revenge, personal negative relations) does not affect the qualification
of the act.
The subject of the crime is a specific person who, according to the law, may
participate in the case as a witness, victim, expert or translator.
Part 2 of the article under consideration establishes liability for the
following acts: a) persuasion in exchange for a bribe to give false testimony.
"Mental pressure and psychological influence are expressed in the demand
by the perpetrator to commit the crime in question by threatening to cause
harm to health or property. Forced to give false testimony by means of mental
pressure is considered complete from the moment of manifestation of the use of
force, regardless of the consequences determined by the perpetrator.
Physical pressure is expressed in inflicting minor bodily injury on the
victim by hitting him. When inflicting moderate or severe bodily injury on the
victim, the perpetrator's actions must be qualified as a set of crimes in
accordance with the articles establishing criminal liability for causing harm to
health (Articles 104, 105 of the Criminal Code). Threatening to kill must be
qualified as a set of crimes along with giving false testimony (Articles 112 and
238 of the Criminal Code).
From the subjective side, the crime manifests itself in the form of direct
intent. Its implementation The motive may be different, but they are not
significant in qualifying the crime.
The subject of the crime provided for in Part 2 of Article 238 of the Criminal
Code may be any person who has reached the age of sixteen.
Part 3 of the article in question provides for liability for giving false
testimony in the interests of an organized group (see the commentary to Article
164 of the Criminal Code on the concept of the interests of an organized group)
or in the commission of a grave and especially grave crime (see the commentary
to Article 15 of the Criminal Code on the concept of grave and especially grave
crimes).
Taking into account the increase in the number of this crime in recent
years, as well as the extremely high level of latency of these crimes, it is
necessary to improve the activities of the primary investigation bodies and the
court to prevent these acts.
External criminogenic factors of perjury include various forms of influence
on victims and witnesses by interested parties; kinship or other close
relationships with the accused; personal interest in the outcome of the case;
service connection to the accused in the case; the existence of enmity between
THEORETICAL ASPECTS IN THE FORMATION OF
PEDAGOGICAL SCIENCES
International scientific-online conference
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the person who gave false testimony and the accused or victim; illegal or
immoral behavior of the victim and witnesses; the connection of the subjects of
perjury to the main crime; pity for the accused or defendant, the aim of
mitigating his guilt; criminogenic factors related to the personality of the
accused; greed; reluctance to fulfill the duty of witness, considering it an act that
undermines the honor and dignity of the person; sympathy, compassion, pity for
the accused or his family; Revenge against the accused is a criminogenic factor.
List of literature used:
1. https://www.uznauka.uz 7/2024
2. https://karaqalpaqstan.sud.uz/archives/3805
3. Ўзбекистан Республикасининг Жиноят кодексига шархлар. Махсус
кисм/М. Рустамбаев. - Тошкент: «Yuridik adabiyotlar publish», 2024. - 744 б.
4. Gulyamov Z.Kh. Prestupleniya protiv pravosudiya / / Pod ed. i s predisloviem
d.yu.n., prof. U. Tadzhikhanov. - Tashkent, 1997. - P.40.
4. file:///C:/Users/User/Downloads/EJLFAS0232.pdf
5. file:///C:/Users/User/Downloads/%D1%82+%D0%BE%20(1).pdf
leading to the commission of false testimony.
