Lessons 7 · 1 lessons · N. Ismatova, O. Karimova. Foundations of State and Law: textbook for Grade 11 of general secondary schools and for secondary specialised and vocational institutions. 1st edition. “Yangiyul Poligraph Service”, Tashkent, 2018
7
The aim, tasks and principles of criminal law
Textbook: pp. 34–38
GoalExplain the sources of criminal law, the tasks of the Criminal Code and its main principles (legality, equality, humanism, justice, liability for fault, inevitability).
New words
the Criminal Code, the main source of criminal law · Jinoyat kodeksilegality, only the Code decides what is a crime · Qonuniylikpresumption of innocence · Aybsizlik prezumpsiyasiinevitability of liability for every offender · Javobgarlikning muqarrarligi
Explanation
The main sources of criminal law are the Constitution and the Criminal Code (adopted on 22 September 1994, in force from 1 April 1995 and amended many times since). The Code’s tasks are to protect the individual, rights and freedoms, the interests of society and state, property, the environment, peace and security from criminal attacks, to prevent crime and to educate citizens in the spirit of obeying the law. Its most basic principle is legality: only the Code decides which act is a crime and what punishment follows, and nobody is declared guilty of a crime without a court verdict. Citizens are equal before the law, and punishment must be humane, that is, not aimed at physical suffering or humiliating dignity, and must fit the gravity of the crime (justice). A person answers only for a socially dangerous act whose guilt is proved, and every person whose act contains the elements of a crime is held liable (inevitability). Under the presumption of innocence a person is considered innocent until a verdict enters into legal force and need not prove innocence; since 2008 the death penalty has been abolished.
Worked examples
Legality: if an act is not listed as a crime in the Criminal Code, no criminal penalty may be imposed for it. Being morally bad does not by itself make it a crime; only the law defines a crime.
Presumption of innocence: people wrote on social media that Jahongir, whom the police suspect, is a “thief”. Until a court verdict he is not guilty; doubts that cannot be removed are resolved in his favour.
Class activity
“Guilty or not?” exercise: the teacher reads three or four short suspicion cases; groups apply the rule “who is innocent until verdict” and say what should happen step by step.
Practice
1
Name three tasks of the Criminal Code.
Protecting the individual and society’s interests from criminal attack, preventing crime and educating citizens to obey the law.
2
What does the principle of legality mean?
The criminality of an act and its punishment are determined only by the Criminal Code, and no one is found guilty without a court verdict.
3
Write two main consequences of the presumption of innocence.
The person is innocent until the verdict enters into force; he need not prove innocence and unresolved doubts are decided in his favour.
4
Why must punishment be humane and proportionate to the gravity of the crime? Explain.
Because the aim of punishment is correction and prevention, not revenge; excessive punishment is unjust and contradicts human dignity.