THE ISSUE OF RESPONSIBILITY OF ORGANIZERS, INSTIGATORS AND ACCOMPLICES IN VOLUNTARY DESISTANCE FROM A ACCOMPLICE TO THE CRIME

Abstract

The article scientifically and theoretically analyzes the responsibility of the accomplices in crime – organizers, instigators and accomplices in voluntary desistance from crime. According to the criminal legislation of the Republic of Uzbekistan, the rules related to the exclusion of responsibility for accomplice to the crime, if the organizers, instigators and accomplices voluntary desisted from the crime and took all measures related to him in time to prevent from the crime. It is stated that the state of voluntary desistance from crime needs to be differentiated based on the degree of participation of each participant in the crime. According to the functions of the accomplices in the crime, due to the fact that the cases of desistance of the crime are mutually differentiated, each of them is analyzed separately, the specific characteristics of the voluntary desistance of the accomplices, the basis, conditions and legal consequences of non-responsibility are explained. The author justified that the precluding responsibilty  when the organizer or instigator prevents the perpetrator from committing a crime or completing the crime by reporting to the law enforcement agencies or taking other measures. It is justified that it will not be held criminally liable if the accomplices refuses to assist in the commission of the crime or if the perpetrator has eliminated the assistance he provided before using his assistance. In addition, it was concluded that it is necessary to include the punishment in the category of mitigating circumstances in cases where the behavior of the participant aimed at voluntary desistance from the crime did not lead to the prevention of the completion of the crime by other accomplices.

We can say that the religious authority represented by Sayyed Ali al-Sistani, after the year 2003, called for, in its directives, positions and responses, the building of a civil state in Iraq, a state of constitution, law, freedoms, the supremacy of the popular will, and the strengthening of the spirit of citizenship, and although Sayyed al-Sistani did not use the description of the civil state categorically, But the form he wanted for Iraq was completely similar to the concept of a civil state.