一些拒绝或终止案件的问题与和解和对他们所做的事情的实际忏悔有关

J. Ataniyazov
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引用次数: 0

摘要

本文审查了与和解有关的程序问题,以及与对其行为实际悔改有关的免除责任的人,以及作为其程序命令的案件中拒绝或终止诉讼程序,以及对这些问题的法律规定的各个方面。本文从立法和实践的角度分析了刑法和刑事诉讼法规定的免除这一责任的物质和程序依据,提出了克服现存问题和冲突情况的科学考虑和建议。还强调了与拒绝和终止调解案件的诉讼程序有关的实质性和程序性规范中遇到的问题情况,其中审查了将战争罪从调解罪行清单中排除及其法律方面的问题。本研究采用了分析、综合、归纳、演绎、比较法等方法。在研究过程中,研究了国外的先进经验、科学和理论观点以及调查和司法实践,结果拟订了提案和建议,以便对乌兹别克斯坦共和国《刑事诉讼法》和其他立法和附属法令作出适当的修正和补充。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
SOME ISSUES OF REFUSAL OR TERMINATION OF THE CASE IN CONNECTION WITH RECONCILIATION AND ACTUAL REPENTANCE FOR WHAT THEY DID
This article examines the procedural problems associated with reconciliation and the release of persons from responsibility in connection with actual repentance for their actions, as well as the refusal or termination of proceedings in a case that is its procedural order, and aspects of the legal regulation of these issues. The article analyzes, from the point of view of legislation and practice, the material and procedural bases of exemption from this responsibility provided for by criminal and criminal procedural law, scientific considerations and recommendations for overcoming existing problematic and conflict situations are developed. Emphasis is also paid to problematic situations encountered in the substantive and procedural norms related to the refusal and termination of proceedings in a conciliation case, which examines the exclusion of war crimes from the list of conciliation crimes and their legal aspects. 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 Procedural Code of the Republic of Uzbekistan and other legislative and subordinate acts.
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