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THE SYSTEM OF AGGRAVATING CIRCUMSTANCES AND
THEIR ROLE IN CRIMINAL LIABILITY
Kalbaeva Eldora Uzaqbaevna
3rd year student of the Faculty of Law of Karakalpak State
University named after Berdakh
E-mail: eldorakalbaeva@gmail.com
https://doi.o
rg/
10.5281/zenodo.15599822
ARTICLE INFO
ABSTRACT
Qabul qilindi:16-may 2025 yil
Ma’qullandi:18-may 2025 yil
Nashr qilindi: 31-may 2025 yil
This article analyzes aggravating circumstances under
Article 56 of the Criminal Code of the Republic of
Uzbekistan. The importance of clearly defining
aggravating circumstances for ensuring justice and an
individual approach in judicial practice was
emphasized. The author also expresses the opinion on
the influence of taking into account aggravating
circumstances in the individualization of punishment
on the effectiveness of judicial decisions.
KEY WORDS
aggravating
circumstances,
Criminal Code, judicial practice,
individualization of punishment,
socially dangerous act.
In recent years, large-scale reforms have been implemented in the legal sphere of the Republic
of Uzbekistan. One of the important directions of these reforms is the effective fight against
crime, the ensuring the rights and freedoms of citizens, as well as the introduction of a fair
judicial system. To this end, special attention is paid to the fundamental reform of the
criminal-legal system as one of the priority areas of state policy.
In particular, a number of decrees and resolutions adopted by the President of the Republic of
Uzbekistan serve to improve criminal legislation based on modern requirements. For example,
the 14th goal of the Presidential Decree No. UP-60 "On the Development Strategy of New
Uzbekistan for 2022-2026," adopted on January 28, 2022, defines the consistent development
of the criminal, criminal procedure, and enforcement legal systems, as well as the
improvement of the system of determining and executing punishments based on the
principles of humanism [1].
The ongoing reforms play an important role in the fundamental renewal of the criminal-legal
system. Based on these documents, not only is the current system of punishments being
improved, but it is also being brought closer to international standards. It is noteworthy that
the purpose of punishment is no longer limited to repressive measures, but is also considered
a positive measure aimed at the correction of the person who committed the crime, their re-
socialization as a useful member of society.
Today, the Criminal Code of the Republic of Uzbekistan is based on the principles of
humanism and justice when sentencing persons who have committed crimes, even in the
presence of aggravating circumstances. Aggravating circumstances are not an integral
element of the corpus delicti, but rather represent circumstances characterizing the crime’s
nature and severity and serve as grounds for the court to impose a more severe punishment
within the sanction.
Aggravating circumstances are divided into two groups:
1. General aggravating circumstances established by Article 56 of the General Part of the
Criminal Code, which can be applied to all crimes;
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2. Specially aggravating circumstances constitute an essential element of the respective
provisions of the Special Part of the Criminal Code, provided for as a structural part of these
articles.
According to S.V. Barodin, the aggravating circumstances specified in the General Part of the
Criminal Code are clarified within the relevant articles of the Special Part and encompass
circumstances that are unique to certain types of crimes [2, 31].
If we consider this situationFrom a legal standpoint, this approach is flawed, this approach is
incorrect. For example, Article 97 of the Criminal Code lists heinous motives as follows: l) as a
result of immorality; m) due to religious beliefs; n) for the purpose of excision,
transplantation, or use of parts of a corpse; o) for the purpose of concealing or facilitating the
commission of another crime.
Based on this, according to S.V. Barodin, the circumstances influencing the qualification of the
crime are in practice independent legal grounds, and it would be incorrect to take them into
account separately when imposing punishment based on aggravating circumstances provided
for in Article 56 of the Criminal Code.
Doctor of Legal Sciences, Professor M.Kh. Rustamboev expresses the following opinion on this
matter: "Qualifying and aggravating circumstances belong to the elements of the crime with
common intent, and each such circumstance drastically changes the characteristics
representing the object, objective side, or subject of the crime" [3, 123].
Article 56 of the Criminal Code of the Republic of Uzbekistan explicitly defines aggravating
circumstances, which serve as an important criterion for assessing the degree of public
danger posed by a crime.
In accordance with Article 56 of the Criminal Code of the Republic of Uzbekistan, the
commission of a crime is assessed as aggravating circumstances in the following cases:
the commission of a crime against a woman whose pregnancy was known to the
perpetrator;
actions against minors, the elderly, or persons in need of assistance;
the victim is performing official duties or civic duty;
a crime has been committed against persons who, for material, official, or other
reasons, had a hostile attitude towards the accused;
the crime was committed with cruelty;
the crime was committed in a manner dangerous to the public;
a minor or a person suffering from a mental disorder was exploited, and this
circumstance became known to the perpetrator;
as a result of the crime, grave consequences have arisen;
conditions of mass natural disasters, emergencies, or mass riots;
the crime was committed with malicious intent, on the basis of baseness, vileness;
committed on the basis of official or national hatred;
If there is a group of persons, a criminal organization, or an organization that has
conspired in advance [4].
The list of aggravating circumstances is exhaustive, and other circumstances outside their
scope cannot be considered aggravating. This idea is clearly defined in paragraph 8 of
Resolution No. 1 of the Plenum of the Supreme Court of the Republic of Uzbekistan "On the
Practice of Sentencing by the Court".
In accordance with part 2 of Article 56 of the Criminal Code of the Republic of Uzbekistan,
these circumstances have their own peculiarities. When imposing a just punishment on the
guilty party, the correct application of aggravating circumstances is of great importance.
Otherwise, the principle of justice will be violated, and the educational impact of punishment,
as well as the task of crime prevention, will not be fully realized. In such cases, not only the
defendant, but also his family members and society can face negative consequences.
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Therefore, the correct qualification of the crime is of particular importance in the process of
sentencing. While the punishment is imposed based on the principle of humanity, attention
must also be paid to the circumstances of the crime and the personal characteristics of the
accused. Because each punishment is determined individually, depending on the severity of
the crime and the identity of the person who committed it. Therefore, taking into account
mitigating and aggravating circumstances when imposing a sentence is an integral part of the
fair trial process.
When imposing punishment, the court assesses not only the actions at the time of the crime,
but also the behavior before and after the commission of the crime.
According to Doctor of Law E.Kh. Norbotaev, the establishment of the same punishment in the
law for crimes with a similar degree of social danger ensures the fairness of the punishment.
He proposes avoiding relative specific sanctions as much as possible in criminal law,
increasing absolute sanctions, and abandoning mitigating and aggravating circumstances [5,
64].
In our opinion, E.Kh. Norbotayev understands equality of citizens before the law as equality in
punishment. However, in our opinion, equality before the law should be understood as the
clarity of responsibility and punishment for a crime.
In the criminal legislation of various countries of the world, aggravating circumstances are
most often provided for in the form of a specific list in the general provisions of the Criminal
Code or as a component element of the dispositive part of articles.
For example, the Norwegian Criminal Code lists mitigating circumstances in Article 56, but
does not specify a strict list for aggravating circumstances. The authority to take these
circumstances into account is vested only in the court. In some special parts of the Criminal
Code, it is clearly indicated how much punishment should be imposed if there are aggravating
circumstances.
Article 85 of this Code states: "During a war between foreign states, a person acting contrary
to or contributing to the government's decree of neutrality is punishable by a fine or
imprisonment for up to 4 years. Especially in cases of aggravating circumstances,
imprisonment for up to 4 years may be applied." Article 104 states that "If a person creates,
participates in, recruits, or supports members of an illegal military formation, they are
sentenced to up to 2 years in prison. If the structure or its members possess weapons,
explosives, are involved by persons under the age of 18, or there are other aggravating
circumstances, a sentence of up to 6 years of imprisonment is imposed" [6].
From the foregoing, it can be concluded that aggravating circumstances occupy an important
place in the individualization of punishment in criminal legislation. Because they serve as the
main factor in determining the amount and type of punishment by the court, taking into
account the degree of danger of the crime, the danger of the criminal to society, and the
consequences of the committed offense. The precise identification of aggravating
circumstances and their correct application contribute to increasing the effectiveness of the
fight against crime.
References:
1. 2022-йил 28-январдаги “2022—2026-йилларга мўлжалланган янги Ўзбекистоннинг
ривожланиш стратегияси ҳақида”ги 60-сонли Президент фармони//lex.uz
2. Бородин С. В. Общая характеристика отягчающих обстаятельств умишленного
убийства по Ветнамскому законодательству. B KH: Совершенствование мер борби с
преступностью и ее профилактика-Т.: 1980-C. 31.
3. Рустамбоев М.Х. Осуществление правосудия по уголовнымделам судами
незввисимого Узбекистана. –Т.: "Узбекистон". 1994 С. 123.
4. Ўзбекистон Республикаси Жиноят кодекси URL:
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YANGI O'ZBEKISTON ILMIY
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5. M.Usmonaliev, P.Bakunov.Jazo tayinlashda yengillashtiruvchi holatlarni hisobga olish.
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