Criminal Code Of Uzbekistan Pdf
Berenguer Miramontes
The criminal code has the task protection from criminal encroachments of the personality, its rights and freedoms, interests of society and state, property, the environment, world, safety of mankind, and also the prevention of crimes, education of citizens in the spirit of observance of the Constitution and the laws of the republic.
For implementation of these tasks the Code determines the bases and the principles of responsibility what socially dangerous acts are crimes, establishes punishments and other measures of legal impact which can be applied to persons who made socially dangerous acts.
Nobody can be found guilty of crime execution and will subject to punishment differently as according to the court verdict and according to the law. Person found guilty of crime execution has the rights and performs the duties established by the law.
Persons who committed crimes have the identical rights and obligations and are equal before the law without distinction as to sex, races, nationalities, language, religion, social origin, beliefs, personal and social standing.
Severe measures of punishment can be appointed only under condition if the goals of punishment cannot be achieved by means of application of softer measures provided by the relevant article of the Special part of this Code.
In case of crime execution on the air, ocean or river craft which is outside Uzbekistan and not in the territory of foreign state, responsibility comes under this Code if the called vessel is flying the flag or is attributed to the port of Uzbekistan.
The question of responsibility of foreign citizens who according to current laws, international treaties or agreements are not jurisdictional to courts of Uzbekistan, in case of making of crime by them in the territory of the Republic of Uzbekistan is solved on the basis of rules of international law.
Citizens of the Republic of Uzbekistan, and also persons without citizenship who are constantly living in Uzbekistan for the crimes committed in the territory of other state are subject to responsibility under this Code if they were not punished according to the court verdict of the state in the territory of which the crime was committed.
Foreign citizens, and also the persons without citizenship who are not living constantly in Uzbekistan for the crimes committed out of its limits are subject to responsibility under this Code only in the cases provided by international treaties or agreements.
Crime and punishability of act is determined by the law existing during its making. Time of crime execution time of execution of socially dangerous act is recognized if Article of this Code determines the moment of the termination of crime the moment of making of action or failure to act. Time of crime execution time of approach of criminal effects is recognized if Article of this Code determines the termination of crime the moment of approach of such effects.
The law eliminating crime of act, commuting penalty or otherwise improving provision of person, has retroactive force, that is extends to persons who made the corresponding act before entry into force of such law including to the persons serving or who served sentence, but having criminal record.
To not constituting big public danger intentional crimes for which the law prescribes custodial sanction not over three years, and also the crimes committed on imprudence for which the law prescribes custodial sanction not over five years belong.
To less heavy intentional crimes for which the law prescribes custodial sanctions for the term of more than three years, but not over five years, and also the crimes committed on imprudence for which the law prescribes custodial sanction for the term of more than five years belong.
Responsibility for crime is the legal consequence of making of socially dangerous act which is expressed in condemnation, application of punishment or other measures of legal impact by court to person guilty of crime execution.
Responsibility of persons who committed crime aged up to eighteen years comes according to general provisions and taking into account the features provided by the Section the sixth the General part of this Code.
Person who during making of socially dangerous act was in diminished responsibility condition is not subject to responsibility, that is could not realize value of the actions (failure to act) or direct them owing to chronic or temporary mental disturbance, weak-mindedness or other mental disturbance.
Person who committed crime in alcohol intoxication or under the influence of drugs of their analogs, the psychotropic or other substances influencing intellectual and strong-willed activities is not exempted from liability. Such condition cannot be the basis for recognition of person deranged.
The crime which termination Article of this Code determines the moment of accomplishment of socially dangerous act is recognized intentional if person which made it understood socially dangerous nature of act and wished its making.
The crime is recognized committed with indirect intent if person which made it understood socially dangerous nature of the act, expected its socially dangerous effects and consciously allowed their approach.
The crime is recognized committed on self-confidence if person which made it expected possibility of approach of socially dangerous effects of the behavior provided by the law and, consciously without observing precautionary measure, is groundless calculated that these effects will not come.
The crime is recognized committed due to negligence if person which made it did not expect possibility of approach of socially dangerous effects of the behavior provided by the law though it shall and could expect them.
If as a result of intentional crime execution person causes other socially dangerous effects on imprudence with which the law connects the increased responsibility, such crime is recognized committed intentionally.
Act is recognized committed is innocent if person which made it did not understand, shall not and could not understand socially dangerous nature of the act or did not expect its socially dangerous effects and based on the circumstances of a matter shall not and could not expect them.
Voluntary refusal of crime the termination-faced preparatory actions or the crime execution termination is recognized if person understood opportunity to end crime, and also prevention of approach of criminal result if person understood possibility of its approach.
The helper the person which was promoting crime execution by councils, instructions, provision of means or removal of obstacles, and also in advance promising to hide the criminal, the tools, traces or means of crime execution or objects got in the criminal way, and equally in advance promising to acquire or sell such objects is recognized.
In advance not promised not message to authorities about the crime authentically known preparing, committed or committed attracts responsibility only in the cases provided by Articles 155-1 and 241 of this Code.
In advance not promised concealment of the criminal, the tools and means of crime execution, traces of crime or objects got in the criminal way attracts responsibility only in cases, stipulated in Article 241 of this Code.
Frequency making of two or more crimes occurring at different times provided by the same part, Article, and is recognized the cases which are specially specified in this Code and different Articles of the Special part of which person was not condemned for one. Both completed crimes, and punishable preparations or attempts at crimes, and also crimes committed in partnership are recognized repeated.
Cumulative offenses making of two or more criminal actions provided by different Articles or different parts of the same Article of the Special part of this Code of which person was not condemned for one and for which it is subject to responsibility is recognized.
If the commited by person act contains signs of the crimes provided by different parts of the same Article of the Special part of this Code, responsibility comes by that part of Article which establishes more stiff punishment.
Dangerous recurrence committing by person of the new intentional crime identical to for what it was condemned earlier, and in the cases which are specially specified in this Code and under other Articles of the Special part is recognized.
b) for serious crime if it was twice condemned for serious crimes or in any sequence for heavy and especially serious crime earlier and for each of them custodial sanction for the term of at least five years was imposed.
By consideration of question of recognition of person by especially dangerous recidivist the criminal record for the crimes committed by it aged up to eighteen years and also the criminal records extinguished or removed in the procedure established by the law is not considered.
Articles of the Special part of this Code providing responsibility for crime execution by especially dangerous recidivist are applied in cases when person was recognized in the procedure established by the law as especially dangerous recidivist before making of this crime.
The circumstances excluding crime are recognized: insignificance of act; justifiable defense; emergency; damnification during detention of person who made socially dangerous act; execution of the order or other obligation; justified professional or economic risk; making of act as a result of physical or mental compulsion or threat.
The action made in condition of justifiable defense is not crime, that is in case of protection of the personality or the rights of the defending or other person, interests of society or the state against illegal encroachment by causing encroaching harm if at the same time exceeding of limits of justifiable defense was not allowed.
The act which did harm to the rights and the interests protected by the law, made in emergency condition that is for elimination of the danger threatening to the personality or the rights of this person or other citizens, to interests of society or state if danger under these circumstances could not be eliminated with other means and if the damage suffered is less considerable, than prevented is not crime.
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