PHYSICAL OR MENTAL COERCION OR INTIMIDATION AS A CIRCUMSTANCE EXCLUDING THE CRIMINALIZATION OF THE ACT

Аннотация

This article describes the issues of whether physical or mental coercion or intimidation is a condition that excludes the criminality of an act. Also, in the article, concepts related to the mental coercion of killing a person or forcing him to commit a crime by threatening him with physical violence, raping, or violating any of his vital interests are given, and the opinions of scientists on this matter are studied. The decision of the Plenum of the Supreme Court of the Republic of Uzbekistan No. 38 of December 20, 1996 "On some issues related to the practice of applying the laws of responsibility for public riots by the courts of the Republic" justified the need to define both physical and mental coercion. In the article, based on the amendments and additions made to the Law of the Republic of Uzbekistan No. ORQ-459 dated January 9, 2018, and in connection with the proposal of Article 412 of the Criminal Code, the act listed in the ninth paragraph of the decision of the Plenum of the Supreme Court of the Republic of Uzbekistan dated May 23, 2014 "On the verdict" It is also based on the fact that physical or mental coercion or intimidation and incitement to crime should be included among the circumstances excluding criminality.