General characteristics of compensation for damage caused by fraud crimes

Аннотация

The article substantiates the general SUBMITED 26 February 2025 characteristics of compensation for damage caused as a ACCEPTED 22 March 2025 PUBLISHED 25 April 2025 result of fraud crimes, based on scientific analysis in VOLUME Vol.07 Issue04 2025 accordance with current national legislation, develops conclusions and proposals on the general characteristics CITATION of compensation for damage caused as a result of fraud Usmanov Bekzod Absalomovich. (2025). General characteristics of crimes. compensation for damage caused by fraud crimes. The American Journal of Political Science Law and Criminology, 7(04), 50–53. https://doi.org/10.37547/tajpslc/Volume07Issue04-09 Keywords: Fraud, compensation, damage to the object and subject of fraud, deception, breach of trust. COPYRIGHT © 2025 Original content from this work may be used under the terms of the creative commons attributes 4.0 License. Introduction: No society can exist without people and without property. Property and property rights exist on the basis of any society. Therefore, it would not be an exaggeration to say that the individual and property are the fundamental elements that form the basis of society. The protection of the person and property is one of the priority tasks of criminal law. The widespread prevalence of theft of property through fraud and the fact that it causes significant damage to society necessitate its prevention. In accordance with Article 54 of the Constitution of the Republic of Uzbekistan, the right to own, use, and dispose of property belongs only to the owner of this property. Therefore, any unlawful interference in the exercise of property rights entails a serious violation of this right and entails criminal liability. [1] The adopted laws have increased the effectiveness of measures aimed at ensuring the proportionality of punishment for fraud crimes to the committed crime and preventing such acts. In particular, the maximum term of punishment for committing fraud has been increased. According to Article 168 of the Criminal Code of the Republic of Uzbekistan, fraud, that is, the acquisition of another's property or the right to another's property through deception or abuse of trust, committed by prior conspiracy by a group of persons, is punishable by The American Journal of Political Science Law and Criminology 50 https://www.theamericanjournals.com/index.php/tajpslc The American Journal of Political Science Law and Criminology imprisonment from three to five years, committed acts, prepares documents, stamps, seals, forms, or repeatedly or by a dangerous recidivist, from five to counterfeits them, their actions should be qualified eight years, committed on an especially large scale, by under Articles 168 and 228 of the Criminal Code a particularly dangerous recidivist, by an organized (Production, forgery, sale, or use of documents, stamps, group, or in its interests, from eight to ten years. [2] seals, forms). It should be noted that if a forged The direct object of a crime is social relations aimed at document (disease certificate, driver's license, protecting another's property or property rights. certificate, etc.) was not prepared by a fraudster, but was prepared by another person who knew that this The subject of fraud, in addition to property, as a legal person would use the document for theft, then this category, is the right to another's property, special person will be held liable not only for forgery of powers to property (for example, the guilty party may documents, but also as an accomplice in theft through acquire the right to live in the house). These rights can fraud. be enshrined in various documents, such as wills, insurance policies, powers of attorney for obtaining In the commission of fraudulent acts, the perpetrator certain assets, and various securities. may obtain another's property by pretending to be another person (wearing the uniform of an official Objectively, fraud consists of the seizure of another's representative of a state body of power or forging a property or property rights through deception or certificate of a representative of power). abuse of trust. The peculiarity of this crime lies in the fact that from the external side, the property is Abuse of trust should be understood as the use by the "voluntarily" transferred by the owner or alienated and guilty person of separate, trust-based relations between transferred to the perpetrator. It is deception or abuse himself and the owner of the property or the person in of trust that gives rise to the idea of transferring whose possession it is located, for the illegal acquisition property or property rights to the criminal in the owner of another's property in his favor. Usually, trust-based or other legal owner of the property. In this way, by relationships can arise between the fraudster and the influencing the consciousness and will of the victim or victim in a contract of rental, lease, sale, assignment, abusing their trust, the fra