Lessons 9 · 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
9
Criminal liability and the system of punishment
Textbook: pp. 44–50
GoalExplain the age of criminal liability and sanity, the types of complicity, the aim and kinds of punishment, special rules for minors, and the difference between pardon and amnesty.
New words
the age from which a person is criminally liable · Jinoiy javobgarlik yoshicomplicity, joint intentional commission of a crime · Ishtirokchilikpunishment imposed by a court verdict in the state’s name · Jazoamnesty, relief announced for a category of persons · Amnistiya
Explanation
Criminal liability applies only to natural persons: an enterprise or organisation is not a subject of crime, and the official or employee who performed its function is liable. To be liable a person must be sane (able to understand the danger of the act and to control it) and have reached the age set by law: generally 16; 14 for a number of serious crimes specifically listed in the Code (for example intentional murder, robbery with violence, theft with aggravating circumstances); and 13 for intentional murder with aggravating circumstances. When two or more persons deliberately commit a crime together there is complicity, and participants are of four kinds: executor, organiser, instigator and accomplice. Punishment is a coercive measure imposed by a court verdict in the name of the state; its aim is to correct the offender and prevent new crimes, not revenge. The kinds of punishment range from a fine (the mildest) to imprisonment and life imprisonment, and minors have milder rules: no life imprisonment, shorter terms, and those under 18 serve sentences in educational colonies. A pardon is granted by the President to particular convicted persons, whereas an amnesty is announced by the legislature for a general category of persons.
Worked examples
Complicity: a group of teenagers planned to steal from a shop. One drew up the plan and led it (organiser), a second forced the door (executor), a third kept watch (accomplice) and a fourth persuaded the others to do it (instigator).
Age: the act committed by a 15-year-old is not on the Code’s list of crimes for which liability starts at 14, so liability for it starts at 16. Therefore the teenager is not criminally liable; but his parents and the bodies that work with minors take educational measures, and the harm caused is compensated in the manner set by law. If the act were a serious crime on that list (for example robbery with violence), a 15-year-old would be liable.
Class activity
Role play: “Court hearing” — in a short fictional case play judge, prosecutor, defender and defendant; once the defendant’s age and role in the offence are established discuss which punishments are possible.
Practice
1
What is the age of criminal liability and what is the exception?
The general rule is 16; 14 for certain serious crimes listed in the Code; 13 for intentional murder with aggravating circumstances.
2
Write the four types of participants in a crime.
Executor, organiser, instigator, accomplice.
3
Who is criminally liable when a crime is committed within an enterprise?
The official or employee who performed the function, because the organisation is not a subject of crime.
4
Why are punishments milder for minors? Justify your view.
Because their personality is still forming, the chance of correction is large and the main aim is education and reintegration.