与行为或人的公共危险丧失有关的免责问题

IF 0.9 4区 社会学 Q3 CRIMINOLOGY & PENOLOGY
J. Ataniyazov
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引用次数: 0

摘要

本文讨论了在案件调查和审理过程中,因情节变化而使当事人免除与所犯行为或丧失公害有关的责任时,与案件中拒绝或终止诉讼有关的程序问题,以及对这些问题的法律规制方面的问题。本文在此基础上分析了拒绝提起刑事诉讼和终止刑事诉讼的实践,突出了立法(实体和程序)与实践的不一致,以及相互冲突的情况。此外,从法律的角度研究了科学家们对改变环境的建议的意见,得出了一个法律定义,即由于环境的变化,一个人失去了他的公共危险。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 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.
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来源期刊
CiteScore
1.30
自引率
33.30%
发文量
25
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.
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