ISSUES OF SENTENCING FOR THE PETTY GAMBLING AND GAMES BASED ON RISK

Аннотация

The scientific article deals with the problems of criminal liability for involving the minors in to illegal gambling industry. The differential approach is used depending on the role of the juvenile: as a crime participant or as a member of gambling. Based on a critical assessment of the available investigations on this problem different recommendations on improving criminal legal tools to combat the organization and conduct of gambling are worked out. Keywords: organization of gambling, minors players, gambling addiction. When deciding the types of punishments and measures for the crimes of illegal organization and conduct of gambling and risk-based games, the courts must take into account the situation that has arisen in the activities of the bodies that carry out rapid search, inquiry and preliminary investigation activities. In the context of a prolonged economic crisis, the draconian punishments for making too much profit from gambling will not have the expected effect. However, it is also counterintuitive to give light punishment to persons who organized, conducted and played gambling. Therefore, there is a need for punishments that are procedurally secured (implying substantial fines and actual serving of imprisonment) that are neither overly harsh nor lenient. It allows the subject to weigh his behavior, compare what he has to gain by committing the crime and what he will lose if he is prosecuted, and think about it. There are also some problems in the application of the institution of early parole and commutation of the sentence (Articles 73 and 74 of the Uzbekistan Criminal Code[1]). In particular, it is necessary to improve the list of crimes for which it is required to determine the part of the sentence that must be served. In recent years, there has been much talk of expanding the scope of sincere repentance. The institution of sincere remorse is of great importance in terms of activating the work of solving the crimes of illegal organization and conduct of gambling and risk-based games. The importance of the institution of sincere remorse is especially great in determining the above-mentioned cases in the 65 CURRENT APPROACHES AND NEW RESEARCH IN MODERN SCIENCES International scientific-online conference authorities, where it is difficult to identify cases of gambling and collect evidence on them. This institute performs a number of socially useful tasks. First of all, a person who sincerely repents will prevent the harmful consequences of the committed crime or compensate for the damage caused and restore the affected social relations. According to some researchers, sincere remorse helps identify and solve gambling and other crimes, investigate them more quickly and thoroughly, and saves a lot of effort and money. The warning significance of this institution is that it provides an opportunity to prevent the commission of other crimes, to find the participants of the crime, to identify and eliminate the circumstances that led to the commission of the crime[2]. Studying the practice of using the institution of sincere remorse in the fight against the crimes of illegal organization and conduct of gambling and risk- based games allows us to conclude that this institution is correctly included in the criminal law as one of the grounds close to the exemption from criminal liability. Already, the active use of the above-mentioned institution in law enforcement practice, among other things, allowed law enforcement agencies to identify cases of organizing a number of gambling games and prosecute them. When we talk about the problems of the crime of illegal organization and conduct of gambling and risk-based games, it is worth noting that the most problematic issue in this area is related to ensuring the effectiveness of punishment measures applied to these crimes. For example, as we mentioned above, the inconsistency of the amount of the fine as a punishment for these crimes to the committed crime (the illegal income obtained by the offender as a result of the crime) remains a serious problem. This, in turn, has a negative impact on the stability and effectiveness of the practice of combating these crimes. We know that gambling and games of chance attract the attention of many segments of the population, including law enforcement agencies, activists, and the media, and measures aimed at combating them will be intensified. In the same process, the concept of "petty" gambling, which is committed every day and amounts to a small amount, is formed, in contrast to the illegal organization and conduct of gambling and risk-based games. "Petty " is committed in gambling, educational institutions, enterprises and institutions, offices, and helps individuals to bypass the requirements established by law. Gradually, this crime turns into more dangerous forms of the crime of illegal organization and conduct of high-level large-scale gambling and 66 CURRENT APPROACHES AND NEW RESEARCH IN MODERN SCIENCES Internatio