{"title":"与行为或人的公共危险丧失有关的免责问题","authors":"J. Ataniyazov","doi":"10.51788/tsul.ccj.2.4./fxvr6249","DOIUrl":null,"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":0.9000,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"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\":null,\"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\":0.9000,\"publicationDate\":\"2023-02-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Canadian Journal of Criminology and Criminal Justice\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.51788/tsul.ccj.2.4./fxvr6249\",\"RegionNum\":4,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"CRIMINOLOGY & PENOLOGY\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Canadian Journal of Criminology and Criminal Justice","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.51788/tsul.ccj.2.4./fxvr6249","RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"CRIMINOLOGY & PENOLOGY","Score":null,"Total":0}
SOME ISSUES OF EXEMPTION FROM LIABILITY IN CONNECTION WITH THE LOSS OF PUBLIC DANGER OF AN ACT OR PERSON
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.
期刊介绍:
The Canadian Journal of Criminology and Criminal Justice publishes quarterly coverage of the theoretical and scientific aspects of the study of crime and the practical problems of law enforcement, administration of justice and the treatment of offenders, particularly in the Canadian context. Since 1958, this peer-reviewed journal has provided a forum for original contributions and discussions in the fields of criminology and criminal justice. This bilingual, peer-reviewed journal was previously called the Canadian Journal of Criminology, the Canadian Journal of Criminology and Corrections, and the Canadian Journal of Corrections.