CORPUS DELICTI - A SINGLE BASIS FOR CRIMINAL LIABILITY: INSTRUMENTAL ANALYSIS AND PROPOSALS ABOUT GENESIS, TYPE, CHARACTERISTICS

Аннотация

In this article, first of all, the initial opinions about the composition of the crime, the genesis of the composition of the crime, the history of the emergence and development of the doctrine of the composition of the crime, the fact that this legal category is not used in many countries of the world, it is not used in the Anglo-American precedent law, instead "crime" and the use of the terms "crime" are described in detail. Then, the concept of the structure of crime and its types, as well as the opinions and views expressed by scientists in the theory of criminal law, are highlighted. Also, this article analyzes the concept of the composition of the crime in the theory of criminal law ("scientific abstraction", "the composition of the real crime", "normative or legislative model") and prohibitions on the composition of the crime, as well as foreign countries (Germany, Moldova, etc.). At the same time, the theoretical and practical problems related to the composition of the crime and its signs were highlighted, and the results of the survey on the introduction of the norm related to the composition of the crime to the criminal legislation were reflected, and specific proposals and recommendations were developed in this regard to improve the criminal legislation of the Republic of Uzbekistan. In particular, he proposed adding a new article 161 called "Composition of the crime" to the General part of the Criminal Code.