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(ISSN
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Pages:
33-42
https://doi.org/10.37547/tajpslc/Volume03Issue05-06
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‘
ABSTRACT
This article examines the use of punishment in the form of imprisonment in the legislation of foreign
countries.
This article analyzes the role of imprisonment in the criminal justice system of some foreign countries,
as well as its application to the crime committed, the terms and conditions of imprisonment. The issues
of development and implementation of the most effective, but at the same time promising methods
and techniques of influencing convicts serving sentences in foreign countries are analyzed.
KEYWORDS
Offense, crime, corpus delicti, criminal liability, punishment, punishment system, types of punishment,
imprisonment, colonies, prison.
INTRODUCTION
In recent years, the country has undergone
extensive institutional reforms in the judicial
sphere, the implementation of international
human rights obligations, the creation of
Application Of Imprisonment In Criminal Law: Foreign
Experience
Olmos Тolif Ugli Makhmudov
Theory And Practice Of The Application Of Criminal Law Specialty Student, Uzbekistan
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
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favorable conditions for prisoners and
detainees, regardless of their political and
religious views, their rights and freedoms.
comprehensive measures have been taken to
respect their freedoms, honor and dignity.
Currently, the Concept of Improving the
Legislation Enforcing the Penal Code, including
the further humanization of the conditions of
detention in prisons, is being implemented,
and work is underway to develop a new version
of the Criminal Procedure Code of the Republic
of Uzbekistan. In particular, the specialized
penal colony No. 19 of the Ministry of Internal
Affairs of the Republic of Karakalpakstan,
located in Jaslyk fortress, Kungrad district of
the Republic of Karakalpakstan, was abolished.
1
The Electoral Code of the Republic of
Uzbekistan abolished the restriction on the
participation in elections of persons detained
in places of imprisonment for the commission
of minor socially dangerous crimes.
THE MAIN RESULTS AND FINDINGS
The Decree of the President of the Republic of
Uzbekistan No. PF-6155 of February 3, 2021
provides for the reduction of address-colonies
from 2021.
2
At the beginning of the years of independence,
our country began to pay attention to the
liberalization of punishment. Imprisonment
has a special place in the penal system of
criminal law, as it deals with the isolation of a
person from society, restriction of liberty,
deprivation of certain rights and the
1
Resolution of the President of the Republic of
Uzbekistan dated August 2, 2019 No PP-4414 "On
the termination of the specialized penal colony No
19 of the Ministry of Internal Affairs of the Republic
of Karakalpakstan."
application of coercive measures by the state.
A person deprived of liberty is not only
deprived of his liberty, but also deprived of the
right to free labor and choice of profession,
and to be engaged in forced labor. Therefore,
imprisonment is generally considered to be
one of the most negative forms of punishment.
At the same time, there are positive aspects to
imprisonment, which serve to isolate, keep
under
strict
control,
and
rehabilitate
individuals who pose a threat to the individual,
the state, and society. Therefore, it is not
possible to completely abolish the penalty of
imprisonment. Only by improving the type of
punishment and increasing its effectiveness in
reducing crime can we achieve positive results.
Before
conducting
research
on
the
penitentiary system in Uzbekistan and its
improvement, we need to study the
penitentiary system in developed countries
and their specific features.
The world experience shows that in many
foreign countries the issues of development
and implementation of the most effective, at
the same time, promising methods and
techniques of influencing the convicts serving
their sentences are solved differently.
On this basis, we can learn from the positive
experience of developed countries and
implement it in our national legislation.
If we analyze the penal system of the
French
state and the penalties associated with
imprisonment, we can see that the penal
2
Decree of the President of the Republic of
Uzbekistan No. PP-6155 of February 3, 2021 "On the
state program for the implementation of the action
strategy in five priority areas of development of the
Republic of Uzbekistan in 2017-2021 in the" Year of
Youth Support and Health ".
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system in France is very different from the
penal system in our country.
The French Penal Code divides penalties into
two types. They set separate penalties for high-
risk crimes and non-high-risk offenses, but
both types of penalties include imprisonment.
In particular, Article 131-1 of the French Criminal
Code provides for a system of penalties for
high-risk crimes, which include:
1)
Life imprisonment or life imprisonment;
2)
Imprisonment for up to thirty years;
3)
Imprisonment for up to twenty years;
4)
Imprisonment for up to fifteen years;
5)
Imprisonment for grave crimes may not
be less than 10 years.
3
In addition to imprisonment, a court may
impose a fine.
Article 131-3 of the Criminal Code lists the types
of penalties for less serious crimes:
1)
Imprisonment;
2)
Fine;
3)
Daily fine;
4)
Unpaid public work;
5)
Deprivation of a certain right.
The following article of the Code specifies the
terms of imprisonment that may be imposed
for crimes that do not pose a serious threat to
society:
Not more than ten years;
Not more than seven years;
Not more than five years;
Not more than three years;
3
Article 131-1 of the Criminal Code of the French
Republic. // https://www.legislationline.org/.
4
Article 131-4 of the Criminal Code of the French
Republic. // https://www.legislationline.org/.
Not more than two years;
Not more than one year;
Imprisonment for a term not exceeding six
months.
4
The peculiarity of the penitentiary system in
this country is that it is divided into two
depending on the social risk of the crime and
the term of imprisonment is clearly defined.
The sanctions section of the French Code also
sets out the terms of imprisonment, which do
not specify the number of years as defined in
the Criminal Code of the Republic of
Uzbekistan.
For example, French criminal law provides for
ten years' imprisonment and a fine of
1,000,000 francs for bribery or trafficking
under the influence of private individuals.
According to our Criminal Code, it is punishable
by a fine of fifty to one hundred times the basic
calculation amount, or restriction of liberty for
two to five years, or imprisonment for up to
five years.
5
In our view, French law precludes the
imposition of a fixed term of imprisonment for
a particular crime, and in judicial practice, the
imposition
of
different
lengths
of
imprisonment by different judges for the same
type of crime. The French penal system is
characterized by its rigidity.
In addition, France has a wide range of
opportunities for resocialization and education
of low-risk offenders. Under the French Penal
Code, a court may allow a convict to serve a
partial sentence in a criminal case that could
5
Article 211 of the Criminal Code of the Republic of
Uzbekistan dated September 22, 1994 // National
Database of Legislation, March 26, 2020, No.
03/20/613/0362. // https://www.lex.uz/.
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result in up to one year in prison. To do this, a
person must indicate the need for his
professional activity, continuation of the
educational process, internship or temporary
work related to resocialization, family
circumstances as a basis for serving the
sentence in semi-custody. .
According to Articles 132-26 of the French Penal
Code, convicts who are allowed to serve their
sentences in semi-custody are required to visit
court-ordered penitentiaries when they are not
performing their duties for the above
activities.
6
Under French law, these rules are closer to
those of convicts serving sentences in penal
colonies, but we can see that there are more
benefits in the French state.
As for the penal system of the Federal Republic
of Germany, the only form of imprisonment
was introduced in the German Criminal Code
on 1 April 1979 under Article 4 of the First Law
on Criminal Law Reform. Prior to that, the
German state provided for various forms of
deprivation of liberty, including imprisonment,
imprisonment, arrest, and imprisonment.
7
Currently, according to Article 38 of the
German Criminal Code, imprisonment is divided
into two types: term and indefinite. The
maximum term of imprisonment is 15 years and
the minimum is one month.
8
Even if the accused commits several crimes,
the total term of imprisonment should not
exceed 15 years. This provision of the German
Criminal Code differs from the provisions of the
6
Article 131-26 of the Criminal Code of the French
Republic. // https://www.legislationline.org/.
Criminal Code of the Republic of Uzbekistan, as
the Criminal Code of the Republic of
Uzbekistan stipulates that the maximum term
of imprisonment may be 20 years for a set of
crimes.
The Federal Republic of Germany also carries a
sentence of life imprisonment, which may be
imposed for the following crimes:
Preparation for aggressive warfare;
Treason;
Betrayal of the motherland
Murder;
Aggression that resulted in the death of
the victim;
"It's too heavy."
- Genocide.
In the German state, the person and his right to
life are considered the highest value, because
genocide and life imprisonment for murder
cannot be replaced by any other alternative
punishment.
This means that the number of crimes
punishable by life imprisonment in Germany is
slightly higher than the number of crimes
punishable by life imprisonment in the
Republic of Uzbekistan.
Life imprisonment may not be imposed on a
person under the age of eighteen, and in some
cases on a person who is psychologically or
mentally immature, until the age of twenty-
one.
7
Criminal law of foreign countries. A common part.
Tutorial / Under. Ed. And with the pre. I. D.
Kozochkin. - M .: Omega-L. 2003. p. 400.
8
Criminal Code of the Federal Republic of Germany.
// https://constitutions.ru/.
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In Germany, persons sentenced to life
imprisonment may be released on parole. To
do so, they must have served at least fifteen
years of life imprisonment, have not seriously
violated the rules, and have behaved
appropriately.
It should be noted that in Germany, almost all
life sentences are granted on parole. The
reason is that the decision of the German
Constitutional Court does not allow convicts to
be given a suspended sentence, which is
contrary to the constitutional rights of
citizens.
9
One of the peculiarities of the Russian state
penitentiary system is that it carries both the
death penalty and life imprisonment.
The death penalty can be imposed in Russia
only for the most serious crimes involving the
loss of life.
The death penalty
Women;
Persons who have committed a crime
under the age of eighteen;
Cannot be assigned to persons over sixty-
five years of age before sentencing.
Also, the death penalty may be imposed on a
person transferred to a Russian state by a
foreign state for criminal prosecution under an
international treaty if the person cannot be
sentenced to death in the country where the
crime was committed, or for other reasons. in
cases where the death penalty cannot be
imposed on that person, the death penalty
shall not be imposed.
9
Criminal Code of the Federal Republic of Germany.
// https://constitutions.ru/.
The death penalty is the second part of Article
105 of the Russian Criminal Code, ie "murder",
Article 277 - "Assassination of a statesman or
public figure", Article 295 - "Assassination of a
public official conducting a preliminary
investigation
or
justice"
Article
317
“Assassination of a law enforcement officer”,
and Article 357 “Genocide”.
The important point is that despite the
existence of the death penalty in the Criminal
Code
of
this
country,
the
Russian
Constitutional Court ruled on November 19,
2019, according to which no court in the
Russian state will impose the death penalty
from now on. can not judge.
Russia's penal code has a different name for
imprisonment. This state has a fixed term of
imprisonment and life imprisonment. Logically,
the term "deprivation of liberty" does not fully
explain the nature of punishment. According to
the criminal law of the Republic of Uzbekistan,
a person can be sentenced to one to twenty
years in prison and up to twenty-five years for
certain types of crimes.
This means that a person who commits a crime
can be sentenced to a term of imprisonment by
a court. Therefore, the addition of the word
"term" to the name of the sentence
determines the nature of the sentence.
Otherwise, there may be uncertainties as to
whether a person will be sentenced to life
imprisonment or a fixed term.
In Russia, a person can be sentenced to a term
of imprisonment of two months to twenty
years.
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The term of imprisonment for a certain period
of time imposed on a convict may exceed
twenty years. A convict may be sentenced to a
term of imprisonment of up to twenty-five
years, in part or in full, for crimes committed,
and up to thirty years for several convictions.
The terms of imprisonment in Russia do not
differ much from the sentences in the Uzbek
penitentiary system.
In the Russian penal system, life imprisonment
is imposed for crimes against life, public health,
public interest and safety, as well as sexual
inviolability of a person under the age of
fourteen.
Lifetime imprisonment may not be imposed on
women, offenders under the age of eighteen,
or men over the age of sixty.
There is a special institution in the criminal law
of foreign countries, which is a reduction of the
term of imprisonment imposed by a court.
For example, in the United States (except
California), a prison sentence imposed by a
court may vary depending on the convict's
behavior. Through the "good behavior" of the
convict, his sentence will be reduced.
This institution is also mentioned in the criminal
law of the French state. In France, too, a
prisoner's "good behavior" is a key
determinant. The term of imprisonment
imposed on a convict may be reduced by a
judge, taking into account the opinion of the
administration of penitentiary institutions, in
the following ways: can be shortened to seven
days.
In England, after the abolition of corporal
punishment in 1948, the only punishment
associated
with
imprisonment
was
imprisonment, with a minimum of one day and
a maximum of twenty-five years. forms. Life
imprisonment is also used in the
United
Kingdom.
Significantly, the law does not specify the
length of imprisonment in the UK, depending
on the severity of the crime. For example,
Uzbek law provides for five to ten years in
prison for serious crimes, but the UK does not
have such a rule. As a result, in the United
Kingdom, there are standards of punishment
for crimes of different gravity. In the legal
literature, they are called "tariff system". But
judges may also not follow this tariff system
because it does not have the character of a
normative document.
In Belarus, the term of imprisonment is
relatively shorter than in other CIS countries.
Article 57 of the Criminal Code of Belarus
stipulates imprisonment for a term of six
months to twelve years.
Imprisonment for the most serious crimes is
from twelve to fifteen years, if the most serious
crime is intentional assassination, trafficking in
narcotic drugs, psychotropic substances or
their analogues, as well as , may be sentenced
to a term not exceeding twenty-five years in
crimes against the State.
Imprisonment for crimes committed through
negligence may not exceed ten years.
The types and terms of punishment imposed
on minors in Belarus also differ from the types
and terms of punishment imposed on minors.
In particular, a person who has committed a
crime for the first time before the age of
eighteen
may
not
be
sentenced
to
imprisonment if his actions do not pose a
threat to society.
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The penalty of imprisonment imposed on a
minor may not exceed the following terms:
1)
For a less serious crime - three years;
2)
For serious crimes - seven years;
3)
For extremely serious crimes - ten years;
4)
If the most serious crimes are related to
premeditated
murder,
trafficking
in
narcotic drugs, psychotropic substances
and their precursors and analogues -
twelve years.
CONCLUSION
From the above analysis we can see that mainly
in the states of the Romano-Germanic legal
system, the terms of imprisonment are clearly
defined, the longest and shortest terms that
can be imposed according to the severity of the
crime.
In contrast, in the Anglo-Saxon legal system,
the term of imprisonment was not clearly
defined, but the court was given a wider range
of options for determining the term.
Also, in the penitentiary system of some states,
there is a sentence of life imprisonment and
the death penalty.
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1.
President of the Republic of Uzbekistan
Sh.M.Mirziyoev 2017
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Address to the Oliy Majlis of December 22.
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Sh.M. Mirziyoyev's 2020
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The USA Journals Volume 03 Issue 05-2021
42
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
May 19, 2021 |
Pages:
33-42
https://doi.org/10.37547/tajpslc/Volume03Issue05-06
I
MPACT
F
ACTOR
2021:
5.
952
V. Internet sites
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