Pub Date : 2023-04-29DOI: 10.51788/tsul.ccj.3.1./tskp6713
Jengis Ermashev
This article analyzes the objective signs of violation of customs legislation as a type of crime against the fundamentals of economy. The object of this crime is analyzed in the article and classified into general, special, similar, directly main and directly additional objects. Also, clarifying the scope of the objects of the crime, taking into account the latest innovations in the legislation, the need to exclude from the scope of the analyzed crime, including hazardous waste and items prohibited to be imported into our country by legal documents are also analyzed in the article. In addition, in this research, issues such as the object of violation of the customs legislation, its main and optional signs, and their influence on the qualification of the act are analyzed in detail. In particular, the list of actions constituting the objective aspect of this crime and the list established in the criminal legislation of foreign countries are comparatively analyzed. Reasonable conclusions and proposals of the author have been developed for each case analyzed in the work. As a result of the study, concrete suggestions were made regarding the improvement of the national criminal legislation, which determines responsibility for the violation of the customs legislation.
{"title":"ANALYSIS OF OBJECTIVE SIGNS OF VIOLATION OF CUSTOMS LAW DOCUMENTS AS A TYPE OF CRIME AGAINST THE FUNDAMENTALS OF ECONOMY","authors":"Jengis Ermashev","doi":"10.51788/tsul.ccj.3.1./tskp6713","DOIUrl":"https://doi.org/10.51788/tsul.ccj.3.1./tskp6713","url":null,"abstract":"This article analyzes the objective signs of violation of customs legislation as a type of crime against the fundamentals of economy. The object of this crime is analyzed in the article and classified into general, special, similar, directly main and directly additional objects. Also, clarifying the scope of the objects of the crime, taking into account the latest innovations in the legislation, the need to exclude from the scope of the analyzed crime, including hazardous waste and items prohibited to be imported into our country by legal documents are also analyzed in the article. In addition, in this research, issues such as the object of violation of the customs legislation, its main and optional signs, and their influence on the qualification of the act are analyzed in detail. In particular, the list of actions constituting the objective aspect of this crime and the list established in the criminal legislation of foreign countries are comparatively analyzed. Reasonable conclusions and proposals of the author have been developed for each case analyzed in the work. As a result of the study, concrete suggestions were made regarding the improvement of the national criminal legislation, which determines responsibility for the violation of the customs legislation.","PeriodicalId":46586,"journal":{"name":"Canadian Journal of Criminology and Criminal Justice","volume":"32 1","pages":""},"PeriodicalIF":0.9,"publicationDate":"2023-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76615181","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Police in North America face a public crisis of confidence and pressure to reduce interactions with socially vulnerable persons, such as people experiencing homelessness. Police contact with homeless persons, however, is driven in part by structural and policy factors beyond officers’ control, as well as demand from some members of the public. In this qualitative study, we examine police officers’ understanding of the causes of homelessness, their role in policing homeless persons, and their attitudes towards reform. Data were collected from 24 officers in Montreal via semi-structured interviews. Our results uncover evidence that officers understand the structural roots of homelessness, despite pathologizing some homeless persons they interact with. Though officers express support for expanding opportunities for housing and the role of non-profit organizations, they do not imagine a world without policing of persons experiencing homelessness. Finally, they express a strong sense that the public drive most police–homeless interactions and even constrain opportunities for non-punitive interactions.
{"title":"Policing of Homelessness and Opportunities for Reform in Montreal","authors":"Ayobami Laniyonu, Hannah Brais","doi":"10.3138/cjccj.2022-0032","DOIUrl":"https://doi.org/10.3138/cjccj.2022-0032","url":null,"abstract":"Police in North America face a public crisis of confidence and pressure to reduce interactions with socially vulnerable persons, such as people experiencing homelessness. Police contact with homeless persons, however, is driven in part by structural and policy factors beyond officers’ control, as well as demand from some members of the public. In this qualitative study, we examine police officers’ understanding of the causes of homelessness, their role in policing homeless persons, and their attitudes towards reform. Data were collected from 24 officers in Montreal via semi-structured interviews. Our results uncover evidence that officers understand the structural roots of homelessness, despite pathologizing some homeless persons they interact with. Though officers express support for expanding opportunities for housing and the role of non-profit organizations, they do not imagine a world without policing of persons experiencing homelessness. Finally, they express a strong sense that the public drive most police–homeless interactions and even constrain opportunities for non-punitive interactions.","PeriodicalId":46586,"journal":{"name":"Canadian Journal of Criminology and Criminal Justice","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135771512","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The plea discount (or trial penalty) refers to disparity in sentencing resulting from the decision to plead guilty or proceed to trial. It is often suggested that pleading guilty reduces one’s odds of being imprisoned or reduces the length of one’s sentence. While plea discounts haves been studied extensively in the United States, there is very little indication in Canada as to their existence or scope. Using data from the Integrated Criminal Court Survey ( N = 2,198,954), this study analyzes logit-negative binomial hurdle models to study the plea discount in Canadian criminal courts and how it varies by court resource usage. It finds that the probability of being incarcerated is nominally higher after pleading guilty, but that pleading guilty reduces custodial sentence length. Further, it finds that the amount of resources used to resolve a case moderates the impact of a guilty plea in both situations.
{"title":"The Plea Discount and the Time Penalty in Canada: Impacts of the Guilty Plea at Sentencing","authors":"Brendyn Johnson, Chloé Leclerc","doi":"10.3138/cjccj.2022-0036","DOIUrl":"https://doi.org/10.3138/cjccj.2022-0036","url":null,"abstract":"The plea discount (or trial penalty) refers to disparity in sentencing resulting from the decision to plead guilty or proceed to trial. It is often suggested that pleading guilty reduces one’s odds of being imprisoned or reduces the length of one’s sentence. While plea discounts haves been studied extensively in the United States, there is very little indication in Canada as to their existence or scope. Using data from the Integrated Criminal Court Survey ( N = 2,198,954), this study analyzes logit-negative binomial hurdle models to study the plea discount in Canadian criminal courts and how it varies by court resource usage. It finds that the probability of being incarcerated is nominally higher after pleading guilty, but that pleading guilty reduces custodial sentence length. Further, it finds that the amount of resources used to resolve a case moderates the impact of a guilty plea in both situations.","PeriodicalId":46586,"journal":{"name":"Canadian Journal of Criminology and Criminal Justice","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135771868","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"CJCCJ Book Reviews / Recensions de Livres","authors":"","doi":"10.3138/cjccj.65.2.119","DOIUrl":"https://doi.org/10.3138/cjccj.65.2.119","url":null,"abstract":"","PeriodicalId":46586,"journal":{"name":"Canadian Journal of Criminology and Criminal Justice","volume":"49 6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135771871","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Dramatic increases to the use of probation, particularly over the 1980–2010 period, have been identified across many Western nations. Yet Canada has experienced a very different trajectory. The volume of probation sentences imposed in Canada has declined substantially over the past 30 years. This article employs national data from the Uniform Crime Reporting Survey and Integrated Criminal Court Survey to identify factors that have contributed to this unique trend. Unlike other nations, Canada has not introduced a series of new community-based sanctions, nor has it widely embraced tough-on-crime policies. Results of the analyses in this study show that the decline in probation has come about during a period where there have been decreases in the crime rate, the volume of cases entering the court system, and the proportion of cases resulting in a guilty finding. Conversely, there has been a greater tendency for judges to include probation as part of sentencing dispositions, yet the volume of probation sentences has nevertheless declined.
{"title":"The Road Less Travelled: Probation Trends in Canada Over the Past 30 Years","authors":"Andrew A. Reid, David P. Cole","doi":"10.3138/cjccj.2022-0035","DOIUrl":"https://doi.org/10.3138/cjccj.2022-0035","url":null,"abstract":"Dramatic increases to the use of probation, particularly over the 1980–2010 period, have been identified across many Western nations. Yet Canada has experienced a very different trajectory. The volume of probation sentences imposed in Canada has declined substantially over the past 30 years. This article employs national data from the Uniform Crime Reporting Survey and Integrated Criminal Court Survey to identify factors that have contributed to this unique trend. Unlike other nations, Canada has not introduced a series of new community-based sanctions, nor has it widely embraced tough-on-crime policies. Results of the analyses in this study show that the decline in probation has come about during a period where there have been decreases in the crime rate, the volume of cases entering the court system, and the proportion of cases resulting in a guilty finding. Conversely, there has been a greater tendency for judges to include probation as part of sentencing dispositions, yet the volume of probation sentences has nevertheless declined.","PeriodicalId":46586,"journal":{"name":"Canadian Journal of Criminology and Criminal Justice","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135771869","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Emma R. Giberson, Brooke Tracy, Laura Kabbash, Scott T. Ronis, Mary Ann Campbell, Lena Gryshchuk
Under the authority of the Youth Criminal Justice Act (YCJA), Section 19 conferences aim to bring together relevant professionals to discuss diversionary and rehabilitation options for Canadian youth involved in the justice system. However, these options’ use and process has not been examined at the local level where practices may vary from the national vision. To offer insight into their use and processes, the current study used semi-structured qualitative interviews with 40 service providers engaged in Section 19 conferences in New Brunswick, Canada. Although there was perceived value in these conferences (i.e., youth involvement in the process, the sharing of expertise, and collaborative planning across systems), weaknesses in conference processes also were observed (i.e., systemic disorganization, inconsistency in communication and collaboration, concern about effectiveness, and limited resources and support for youth). These findings are discussed in terms of challenges that key stakeholders face in Section 19 conferences that may influence their impact, as well as considerations for areas of improvement in conferencing processes to enhance their value. Overall, Section 19 conferences should be utilized more often, which may be best achieved by clarifying the operational procedures and roles of participants, including elucidating how they can best leverage the roles of stakeholders to service the goals of effective diversion and rehabilitation.
{"title":"Section 19 Conferencing in the Canadian Youth Criminal Justice System","authors":"Emma R. Giberson, Brooke Tracy, Laura Kabbash, Scott T. Ronis, Mary Ann Campbell, Lena Gryshchuk","doi":"10.3138/cjccj.2022-0044","DOIUrl":"https://doi.org/10.3138/cjccj.2022-0044","url":null,"abstract":"Under the authority of the Youth Criminal Justice Act (YCJA), Section 19 conferences aim to bring together relevant professionals to discuss diversionary and rehabilitation options for Canadian youth involved in the justice system. However, these options’ use and process has not been examined at the local level where practices may vary from the national vision. To offer insight into their use and processes, the current study used semi-structured qualitative interviews with 40 service providers engaged in Section 19 conferences in New Brunswick, Canada. Although there was perceived value in these conferences (i.e., youth involvement in the process, the sharing of expertise, and collaborative planning across systems), weaknesses in conference processes also were observed (i.e., systemic disorganization, inconsistency in communication and collaboration, concern about effectiveness, and limited resources and support for youth). These findings are discussed in terms of challenges that key stakeholders face in Section 19 conferences that may influence their impact, as well as considerations for areas of improvement in conferencing processes to enhance their value. Overall, Section 19 conferences should be utilized more often, which may be best achieved by clarifying the operational procedures and roles of participants, including elucidating how they can best leverage the roles of stakeholders to service the goals of effective diversion and rehabilitation.","PeriodicalId":46586,"journal":{"name":"Canadian Journal of Criminology and Criminal Justice","volume":"121 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135771870","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The rapid growth of restorative justice (RJ) has brought myths into the literature. K. Daly’s “Restorative Justice: The Real Story” ( Punishment and Society 4(1), 55–79, 2002) is among the most important demythologization attempts in the literature. This article revisits the four myths that were discussed in this seminal article: (1) RJ is an oppositional concept to retributive justice; (2) RJ is rooted in Indigenous justice and the past dominant form of justice; (3) RJ is a care response as opposed to a justice response; and (4) RJ has the potential to transform people. This article first examines whether these four myths remain pervasive in the post-2002 RJ literature. Reviewing the post-2002 literature suggests that demythologization has almost taken place. The article then seeks to highlight theoretical gaps in the post-2002 RJ. Corresponding to the four myths identified, it offers four areas of RJ that warrant further debate and research: (1) institutionalization of RJ, (2) decolonization of RJ, (3) the role of masculinity in RJ, and (4) how RJ works.
恢复性司法(RJ)的迅速发展为文学带来了神话。K. Daly的《恢复性司法:真实的故事》(Punishment and Society 4(1)， 55-79, 2002)是文学史上最重要的去神话化尝试之一。本文回顾了在这篇开创性的文章中讨论的四个神话:(1)RJ是报复正义的对立概念;(2) RJ根植于土著正义和过去占主导地位的正义形式;(3) RJ是一种关怀反应，而不是正义反应;(4) RJ具有改变人的潜力。本文首先考察了这四个迷思在2002年后的RJ文献中是否仍然普遍存在。回顾2002年后的文献表明，去神话化几乎已经发生。然后，本文试图突出2002年后RJ的理论差距。与上述四种误解相对应，本文提出了四个值得进一步讨论和研究的RJ领域:(1)RJ的制度化;(2)RJ的非殖民化;(3)男性气质在RJ中的作用;(4)RJ是如何运作的。
{"title":"Revisiting the Real Story of Restorative Justice in the Criminal Justice System: 20 Years On","authors":"Masahiro Suzuki","doi":"10.3138/cjccj.2022-0061","DOIUrl":"https://doi.org/10.3138/cjccj.2022-0061","url":null,"abstract":"The rapid growth of restorative justice (RJ) has brought myths into the literature. K. Daly’s “Restorative Justice: The Real Story” ( Punishment and Society 4(1), 55–79, 2002) is among the most important demythologization attempts in the literature. This article revisits the four myths that were discussed in this seminal article: (1) RJ is an oppositional concept to retributive justice; (2) RJ is rooted in Indigenous justice and the past dominant form of justice; (3) RJ is a care response as opposed to a justice response; and (4) RJ has the potential to transform people. This article first examines whether these four myths remain pervasive in the post-2002 RJ literature. Reviewing the post-2002 literature suggests that demythologization has almost taken place. The article then seeks to highlight theoretical gaps in the post-2002 RJ. Corresponding to the four myths identified, it offers four areas of RJ that warrant further debate and research: (1) institutionalization of RJ, (2) decolonization of RJ, (3) the role of masculinity in RJ, and (4) how RJ works.","PeriodicalId":46586,"journal":{"name":"Canadian Journal of Criminology and Criminal Justice","volume":"478 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135771872","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-01DOI: 10.51788/tsul.ccj.2.4./fxvr6249
J. Ataniyazov
This article discusses the procedural problems associated with the refusal or termination of proceedings in the case and aspects of the legal regulation of these issues when releasing a person from responsibility in connection with the committed act or loss of a person’s public danger due to a change in circumstances during the investigation and consideration of the court case. The article analyzes the practice of refusal to initiate criminal proceedings and termination of criminal proceedings on this basis, highlights inconsistencies in legislation (substantive and procedural) and practice, as well as conflicting circumstances. Also, studying the opinions of scientists from a legal point of view on the proposal to change circumstances, a legal definition was developed that a person lost his public danger as a result of a change in circumstances. The study used such methods as analysis, synthesis, induction, deduction, and comparative legal analysis. In the course of the study, advanced foreign experience, scientific and theoretical views, and investigative and judicial practice were studied, as a result of which proposals and recommendations were developed for making appropriate amendments and additions to the Criminal Procedure Code of the Republic of Uzbekistan and other legislative and subordinate acts.
{"title":"SOME ISSUES OF EXEMPTION FROM LIABILITY IN CONNECTION WITH THE LOSS OF PUBLIC DANGER OF AN ACT OR PERSON","authors":"J. Ataniyazov","doi":"10.51788/tsul.ccj.2.4./fxvr6249","DOIUrl":"https://doi.org/10.51788/tsul.ccj.2.4./fxvr6249","url":null,"abstract":"This article discusses the procedural problems associated with the refusal or termination of proceedings in the case and aspects of the legal regulation of these issues when releasing a person from responsibility in connection with the committed act or loss of a person’s public danger due to a change in circumstances during the investigation and consideration of the court case. The article analyzes the practice of refusal to initiate criminal proceedings and termination of criminal proceedings on this basis, highlights inconsistencies in legislation (substantive and procedural) and practice, as well as conflicting circumstances. Also, studying the opinions of scientists from a legal point of view on the proposal to change circumstances, a legal definition was developed that a person lost his public danger as a result of a change in circumstances. The study used such methods as analysis, synthesis, induction, deduction, and comparative legal analysis. In the course of the study, advanced foreign experience, scientific and theoretical views, and investigative and judicial practice were studied, as a result of which proposals and recommendations were developed for making appropriate amendments and additions to the Criminal Procedure Code of the Republic of Uzbekistan and other legislative and subordinate acts.","PeriodicalId":46586,"journal":{"name":"Canadian Journal of Criminology and Criminal Justice","volume":"68 1","pages":""},"PeriodicalIF":0.9,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75642077","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-01DOI: 10.51788/tsul.ccj.2.4./wjde7494
F. Kholikov
In the article, the author describes some comments on the objective signs of the crime of violation of customs legislation. Also, according to the author’s note, in today’s developed market economy and globalization processes, no country can stay in its shell and live only at the expense of the products it produces. As long as there is a world market, there will be an international division of labor between countries, and export-import transactions for the exchange of goods. The type and quantity of such goods, of course, depends on the existing needs in a particular country. Each country is obliged to take these circumstances into account while organizing its economy. The experience of countries that try to live on the basis of a natural economy at the expense of the goods they produce shows that they are doomed to backwardness and poverty. However, in such conditions, it is of great importance that the goods entering the state territory meet the specified standards, type and quality. The importation of low-quality goods that do not meet the relevant standards into the territory of the country poses a threat not only to the health and life of the population but also to state security. For this reason, criminals who think of making less effort and more profit try to import (export) such goods into the territory of the country in different ways. Therefore, in order to prevent and combat similar situations in all countries, customs control is organized in the border areas of the country.
{"title":"SPECIFIC ASPECTS AND OBJECTIVE SIGNS OF THE CRIME OF VIOLATION OF CUSTOMS LEGISLATION","authors":"F. Kholikov","doi":"10.51788/tsul.ccj.2.4./wjde7494","DOIUrl":"https://doi.org/10.51788/tsul.ccj.2.4./wjde7494","url":null,"abstract":"In the article, the author describes some comments on the objective signs of the crime of violation of customs legislation. Also, according to the author’s note, in today’s developed market economy and globalization processes, no country can stay in its shell and live only at the expense of the products it produces. As long as there is a world market, there will be an international division of labor between countries, and export-import transactions for the exchange of goods. The type and quantity of such goods, of course, depends on the existing needs in a particular country. Each country is obliged to take these circumstances into account while organizing its economy. The experience of countries that try to live on the basis of a natural economy at the expense of the goods they produce shows that they are doomed to backwardness and poverty. However, in such conditions, it is of great importance that the goods entering the state territory meet the specified standards, type and quality. The importation of low-quality goods that do not meet the relevant standards into the territory of the country poses a threat not only to the health and life of the population but also to state security. For this reason, criminals who think of making less effort and more profit try to import (export) such goods into the territory of the country in different ways. Therefore, in order to prevent and combat similar situations in all countries, customs control is organized in the border areas of the country.","PeriodicalId":46586,"journal":{"name":"Canadian Journal of Criminology and Criminal Justice","volume":"93 1","pages":""},"PeriodicalIF":0.9,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79570380","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-02-01DOI: 10.51788/tsul.ccj.2.4./vzyd5551
Davlat Kurbanov
This article presents a scientific and theoretical analysis of issues related to the object of crimes against the freedom of a person, which is considered one of the main constitutional rights of citizens. The purpose of this study is to give a general description of crimes against the freedom of the person, to highlight their social danger, to analyze the object of crime in this category of acts, and to draw conclusions. Protection of human life, liberty, and freedom from various illegal acts has been an urgent and important issue at all times. For this reason, the laws of our country pay special attention to the protection of these human rights and interests. For example, in the Criminal Code of the Republic of Uzbekistan, a person, his rights and freedoms are included in the scope of objects of criminal law protection, and in Articles 135-141 of the Criminal Code, responsibility for crimes against the freedom, honor, and dignity of a person is defined and this indicates particular importance. In this research work, the types of crimes against the freedom of a person, and their general, special, related, and direct objects are analyzed. Historical, systematic, logical (analysis, synthesis), and comparative-legal methods of analysis of the practice of applying the law of scientific knowledge have been used in the research process. As a result of the research, the views of national and foreign scientists, and the contents of the norms defined in the relevant regulatory legal documents have been clarified, and the author’s conclusions on each issue have been stated.
{"title":"OBJECT OF CRIMES AGAINST PERSONAL LIBERTY","authors":"Davlat Kurbanov","doi":"10.51788/tsul.ccj.2.4./vzyd5551","DOIUrl":"https://doi.org/10.51788/tsul.ccj.2.4./vzyd5551","url":null,"abstract":"This article presents a scientific and theoretical analysis of issues related to the object of crimes against the freedom of a person, which is considered one of the main constitutional rights of citizens. The purpose of this study is to give a general description of crimes against the freedom of the person, to highlight their social danger, to analyze the object of crime in this category of acts, and to draw conclusions. Protection of human life, liberty, and freedom from various illegal acts has been an urgent and important issue at all times. For this reason, the laws of our country pay special attention to the protection of these human rights and interests. For example, in the Criminal Code of the Republic of Uzbekistan, a person, his rights and freedoms are included in the scope of objects of criminal law protection, and in Articles 135-141 of the Criminal Code, responsibility for crimes against the freedom, honor, and dignity of a person is defined and this indicates particular importance. In this research work, the types of crimes against the freedom of a person, and their general, special, related, and direct objects are analyzed. Historical, systematic, logical (analysis, synthesis), and comparative-legal methods of analysis of the practice of applying the law of scientific knowledge have been used in the research process. As a result of the research, the views of national and foreign scientists, and the contents of the norms defined in the relevant regulatory legal documents have been clarified, and the author’s conclusions on each issue have been stated.","PeriodicalId":46586,"journal":{"name":"Canadian Journal of Criminology and Criminal Justice","volume":"2017 1","pages":""},"PeriodicalIF":0.9,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86729412","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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