INSTITUTION OF MITIGATION OF PUNISHMENT IN THE CRIMINAL LEGISLATION OF THE REPUBLIC OF SOUTH AFRICA

This paper analyzes the institution of mitigation of punishment in the criminal legislation of the Republic of South Africa, including the features of criminal liability of minors, sentencing for inchoated offences committed at the stage of attempt and offences committed in complicity, as well as accessory after the fact, some issues of criminal liability of legal persons, sentencing for offences committed in a state of insanity and diminished responsibility, probation, parole, judicial practice of sentencing, taking into account mitigating and aggravating factors, issues of pardon and amnesty, determining the minimum term or amount of punishment imposed at the discretion of the court for certain grave crimes, the procedure for more lenient sentencing, sentencing in a plea agreement, the role of the Rome Statute of the International Criminal Court and the Criminal Procedure Law of the country in mitigating of criminal punishment, as well as the participation of the prosecutor in this criminal process, and as a final conclusion, provides proposals on the implementation of some of criminal law norms of the Republic of South Africa to the Criminal Code of the Republic of Uzbekistan.