of September 22, 1994 No. 2012-XII
The penal legislation of the Republic of Uzbekistan is based on the Constitution and the universally recognized norms of international law and consists of of this Code.
The criminal code has the task protection from criminal encroachments of the personality, its rights and freedoms, interests of society and state, property, the environment, world, safety of mankind, and also the prevention of crimes, education of citizens in the spirit of observance of the Constitution and the laws of the republic.
For implementation of these tasks the Code determines the bases and the principles of responsibility what socially dangerous acts are crimes, establishes punishments and other measures of legal impact which can be applied to persons who made socially dangerous acts.
The criminal code is based on the principles of legality, equality of citizens before the law, democratism, humanity, justice, guilty responsibility, inevitability of responsibility.
Crime, punishability of act and other consequence in law of its making are determined only by the Criminal code.
Nobody can be found guilty of crime execution and will subject to punishment differently as according to the court verdict and according to the law. Person found guilty of crime execution has the rights and performs the duties established by the law.
Persons who committed crimes have the identical rights and obligations and are equal before the law without distinction as to sex, races, nationalities, language, religion, social origin, beliefs, personal and social standing.
Public associations, self-government institutions of citizens or collectives can be involved in the cases provided by the law in correction of persons who committed crimes.
Punishment and other measures of legal impact do not aim at causing physical sufferings or humiliation of human dignity.
To person who committed crime penalty shall be imposed or other measure of legal impact which are necessary and sufficient for its correction and the prevention of new crimes is applied.
Severe measures of punishment can be appointed only under condition if the goals of punishment cannot be achieved by means of application of softer measures provided by the relevant article of the Special part of this Code.
Punishment or other measure of legal impact applied to person guilty of crime execution shall be fair, that is correspond to weight of crime, degree of fault and public danger of his personality.
Nobody can bear responsibility for the same crime twice.
Person is subject to responsibility only for those socially dangerous acts in which making his guilt, in the procedure established by the law will be proved.
Each person in whose act actus reus availability is established shall be subject to responsibility.
Person who committed crime in the territory of Uzbekistan is subject to responsibility under this Code.
As the crime committed in the territory of Uzbekistan it is necessary to recognize such act which:
a) it is begun, ended or interrupted in the territory of Uzbekistan;
b) it is made outside Uzbekistan, and the criminal result stepped on its territories;
c) it is made in the territory of Uzbekistan, and the criminal result came beyond its limits;
d) forms in total or along with other acts crime which part is made in the territory of Uzbekistan.
In case of crime execution on the air, ocean or river craft which is outside Uzbekistan and not in the territory of foreign state, responsibility comes under this Code if the called vessel is flying the flag or is attributed to the port of Uzbekistan.
The question of responsibility of foreign citizens who according to current laws, international treaties or agreements are not jurisdictional to courts of Uzbekistan, in case of making of crime by them in the territory of the Republic of Uzbekistan is solved on the basis of rules of international law.
Citizens of the Republic of Uzbekistan, and also persons without citizenship who are constantly living in Uzbekistan for the crimes committed in the territory of other state are subject to responsibility under this Code if they were not punished according to the court verdict of the state in the territory of which the crime was committed.
The citizen of Uzbekistan cannot be issued for the crime committed in the territory of foreign state if other is not provided by international treaties or agreements.
Foreign citizens, and also the persons without citizenship who are not living constantly in Uzbekistan for the crimes committed out of its limits are subject to responsibility under this Code only in the cases provided by international treaties or agreements.
Crime and punishability of act is determined by the law existing during its making. Time of crime execution time of execution of socially dangerous act is recognized if Article of this Code determines the moment of the termination of crime the moment of making of action or failure to act. Time of crime execution time of approach of criminal effects is recognized if Article of this Code determines the termination of crime the moment of approach of such effects.
The law eliminating crime of act, commuting penalty or otherwise improving provision of person, has retroactive force, that is extends to persons who made the corresponding act before entry into force of such law including to the persons serving or who served sentence, but having criminal record.
The law establishing crime of act, strengthening punishment or otherwise worsening situation of person, has no retroactive force.
Crime is recognized guilty socially dangerous act (action or failure to act) forbidden by this Code under the threat of punishment.
Act which causes or creates real threat of damnification to the objects protected by this Code is recognized socially dangerous.
Crimes depending on nature and degree of public danger are subdivided on: not constituting big public danger; less heavy; heavy; especially heavy.
To not constituting big public danger intentional crimes for which the law prescribes custodial sanction not over three years, and also the crimes committed on imprudence for which the law prescribes custodial sanction not over five years belong.
To less heavy intentional crimes for which the law prescribes custodial sanctions for the term of more than three years, but not over five years, and also the crimes committed on imprudence for which the law prescribes custodial sanction for the term of more than five years belong.
Responsibility for crime is the legal consequence of making of socially dangerous act which is expressed in condemnation, application of punishment or other measures of legal impact by court to person guilty of crime execution.
The basis of responsibility is making of the act containing all signs of the actus reus provided by this Code.
Physical, responsible persons to whom before crime execution sixteen years were performed are subject to responsibility.
Person who before crime execution performed thirteen years are subject to responsibility only for premeditated murder in case of aggravating circumstances (Article part two 97).
Person who before crime execution performed fourteen years are subject to responsibility for the crimes provided by Article part one 97, Articles 98, 104-106, 118, of 119, of 137, 164-166, 169, parts two and third Article 173, Articles 220, of 222, of 247, of 252, of 263, of 267, of 271, parts two and third article 277 of this Code.
Articles 122,123,125-1,127,127-1Are subject to responsibility for the crimes provided by , 128-1, 144, 146, 193-195, 205-210, 225, of 226, 230-232, 234, of 235, 279-302 of this Code person who before crime execution performed eighteen years.
Responsibility of persons who committed crime aged up to eighteen years comes according to general provisions and taking into account the features provided by the Section the sixth the General part of this Code.
Person who during crime execution understood socially dangerous nature of the actions (failure to act) and directed them is responsible.
Person who during making of socially dangerous act was in diminished responsibility condition is not subject to responsibility, that is could not realize value of the actions (failure to act) or direct them owing to chronic or temporary mental disturbance, weak-mindedness or other mental disturbance.
To person who made socially dangerous act in diminished responsibility condition, enforcement powers of medical nature can be appointed by court.
The responsible person who during crime execution owing to mental disturbance could not realize fully value of the actions (failure to act) or directs them, is subject to responsibility.
To person suffering from the mental disturbance which is not excluding sanity, by court along with punishment enforcement powers of medical nature can be appointed
Person who committed crime in alcohol intoxication or under the influence of drugs of their analogs, the psychotropic or other substances influencing intellectual and strong-willed activities is not exempted from liability. Such condition cannot be the basis for recognition of person deranged.
Guilty person can be found of crime, the made socially dangerous act provided by this Code is intentional or on imprudence.
The crime which termination Article of this Code determines the moment of accomplishment of socially dangerous act is recognized intentional if person which made it understood socially dangerous nature of act and wished its making.
The crime which termination Article of this Code determines the moment of approach of socially dangerous effects can be made with direct or indirect intent.
The crime is recognized committed with direct intention if person which made it understood socially dangerous nature of the act, expected its socially dangerous effects and wished their approach.
The crime is recognized committed with indirect intent if person which made it understood socially dangerous nature of the act, expected its socially dangerous effects and consciously allowed their approach.
Careless crime socially dangerous act made on self-confidence or negligence is recognized.
The crime is recognized committed on self-confidence if person which made it expected possibility of approach of socially dangerous effects of the behavior provided by the law and, consciously without observing precautionary measure, is groundless calculated that these effects will not come.
The crime is recognized committed due to negligence if person which made it did not expect possibility of approach of socially dangerous effects of the behavior provided by the law though it shall and could expect them.
If as a result of intentional crime execution person causes other socially dangerous effects on imprudence with which the law connects the increased responsibility, such crime is recognized committed intentionally.
Act is recognized committed is innocent if person which made it did not understand, shall not and could not understand socially dangerous nature of the act or did not expect its socially dangerous effects and based on the circumstances of a matter shall not and could not expect them.
Preparation for crime the act of person creating conditions for making or concealment of the intentional crime interrupted prior to its making on circumstances from it not dependent is recognized.
Attempted crime the beginning of making of intentional crime, unfinished on circumstances independent from the face is recognized.
Responsibility for preparation and attempt comes under the same Article of the Special part of this Code, as for completed crime.
Voluntary refusal of crime the termination-faced preparatory actions or the crime execution termination is recognized if person understood opportunity to end crime, and also prevention of approach of criminal result if person understood possibility of its approach.
The voluntary refusal of crime execution excludes responsibility.
Person who voluntarily refused finishing crime up to the end is subject to responsibility under this Code if the act which is actually made by it comprises all signs of other actus reus.
Partnership joint participation of two or more persons in making of intentional crime is recognized.
Assisting offenders along with contractors organizers, instigators and helpers are recognized.
The contractor person who fully or partially directly committed crime or crime with use of other persons owing to of this Code not of subjects of responsibility, or other means is recognized.
The organizer person directing preparation or crime execution is recognized.
The instigator person which inclined to crime execution is recognized.
The helper the person which was promoting crime execution by councils, instructions, provision of means or removal of obstacles, and also in advance promising to hide the criminal, the tools, traces or means of crime execution or objects got in the criminal way, and equally in advance promising to acquire or sell such objects is recognized.
Forms of partnership in crime are recognized: simple partnership; difficult partnership; organized group; criminal society.
Simple partnership participation in crime execution of two or more persons without previous concert is recognized.
Difficult partnership participation in crime execution of two or more persons by previous concert is recognized.
Organized group preliminary consolidation of two or more persons in group for joint criminal activities is recognized.
Criminal society preliminary consolidation of two or more organized groups for occupation criminal activities is recognized.
Organizers, instigators and helpers bear responsibility under the same Article of the Special part of this Code, as contractors.
Organizers, and also members of groups by previous concert, organized groups and criminal societies bear responsibility for all crimes, in preparation or making of which they took part.
The persons who created organized group or criminal society or directing them bear responsibility for all crimes committed by criminal forming if they were covered by their intention.
Person who made it bears for the act which is not covered by intention of other accomplices, responsibility.
The voluntary refusal of the organizer, instigator or helper excludes responsibility for partnership in crime if person timely took all measures depending on it for its prevention.
In advance not promised not message to authorities about the crime authentically known preparing, committed or committed attracts responsibility only in the cases provided by Articles 155-1 and 241 of this Code.
In advance not promised concealment of the criminal, the tools and means of crime execution, traces of crime or objects got in the criminal way attracts responsibility only in cases, stipulated in Article 241 of this Code.
Close relatives of the suspect, the person accused or the defendant are not subject to responsibility for in advance not promised not message or concealment.
Frequency making of two or more crimes occurring at different times provided by the same part, Article, and is recognized the cases which are specially specified in this Code and different Articles of the Special part of which person was not condemned for one. Both completed crimes, and punishable preparations or attempts at crimes, and also crimes committed in partnership are recognized repeated.
The crime is not recognized repeated if person is exempted for earlier made acts from liability or punishment.
The crime consisting of number of the identical criminal actions covered by common intent and directed to the single purpose and constituting in total one continued crime is not recognized repeated.
The crime consisting in long failure in duty, characterizing continuous implementation of structure of one lasting crime is not recognized repeated.
Cumulative offenses making of two or more criminal actions provided by different Articles or different parts of the same Article of the Special part of this Code of which person was not condemned for one and for which it is subject to responsibility is recognized.
If the commited by person act contains signs of the crimes provided by different parts of the same Article of the Special part of this Code, responsibility comes by that part of Article which establishes more stiff punishment.
Recurrence committing by person of new intentional crime after condemnation for earlier committed intentional crime is recognized.
Dangerous recurrence committing by person of the new intentional crime identical to for what it was condemned earlier, and in the cases which are specially specified in this Code and under other Articles of the Special part is recognized.
Especially dangerous recurrence committing by person of new intentional crime for which it is condemned to imprisonment for the term of at least five years is recognized:
a) for especially serious crime if it was condemned for especially heavy or twice for serious crimes earlier and for each of them custodial sanction for the term of at least five years was imposed;
b) for serious crime if it was twice condemned for serious crimes or in any sequence for heavy and especially serious crime earlier and for each of them custodial sanction for the term of at least five years was imposed.
As especially dangerous recidivist person according to the court verdict can be recognized.
By consideration of question of recognition of person by especially dangerous recidivist criminal records on sentences of courts of other states can be also considered.
By consideration of question of recognition of person by especially dangerous recidivist the criminal record for the crimes committed by it aged up to eighteen years and also the criminal records extinguished or removed in the procedure established by the law is not considered.
Articles of the Special part of this Code providing responsibility for crime execution by especially dangerous recidivist are applied in cases when person was recognized in the procedure established by the law as especially dangerous recidivist before making of this crime.
Circumstances under which the act containing the signs provided by this Code is not crime, in view of lack of public danger, illegality or fault are recognized excluding crime.
The circumstances excluding crime are recognized: insignificance of act; justifiable defense; emergency; damnification during detention of person who made socially dangerous act; execution of the order or other obligation; justified professional or economic risk; making of act as a result of physical or mental compulsion or threat.
The action or failure to act though which is falling under signs of the act provided by this Code as crime, but not having public danger owing to insignificance is not crime.
The action made in condition of justifiable defense is not crime, that is in case of protection of the personality or the rights of the defending or other person, interests of society or the state against illegal encroachment by causing encroaching harm if at the same time exceeding of limits of justifiable defense was not allowed.
Exceeding of limits of justifiable defense explicit discrepancy of protection to nature and danger of encroachment is recognized.
The right to justifiable defense belongs to person irrespective of the being available opportunity to ask for the help other persons or authorities or to avoid encroachment different way.
Intentional provocation of encroachment for the purpose of harming is not justifiable defense.
The act which did harm to the rights and the interests protected by the law, made in emergency condition that is for elimination of the danger threatening to the personality or the rights of this person or other citizens, to interests of society or state if danger under these circumstances could not be eliminated with other means and if the damage suffered is less considerable, than prevented is not crime.
The act made in emergency condition is lawful if person did not allow exceeding of its limits.
Exceeding of limits of emergency is damnification to the rights and interests protected by the law if danger could be eliminated with other means or if the damage suffered is more considerable, than prevented.
In case of assessment of legitimacy of the act made in emergency condition nature and degree of the prevented danger, reality and proximity of its approach, the actual possibility of person on its prevention, its state of mind in the circumstances and other facts of the case are considered.
Voided according to the Law of the Republic of Uzbekistan of 09.01.2018 No. ZRU-459
Damnification during detention of person who made socially dangerous act for the purpose of transfer to its authorities is not crime if at the same time exceeding of the measures necessary for detention was not allowed.
Exceeding of measures of detention is explicit discrepancy of means and methods of detention of danger of the act and person which made it, and also detention situation therefore the harm which is not caused by need of detention is intentionally done to person.
In case of assessment of legitimacy of damnification during detention of person who made socially dangerous act its actions for avoidance of detention, force and opportunity detaining, its state of mind and other circumstances connected with the detention fact are considered.
Along with persons which are specially authorized on that, also the victims and other citizens have possessory lien of person who made socially dangerous act.
Damnification in case of lawful execution-faced the order or other order, and equally job responsibilities is not crime.
Person who committed crime under obviously criminal order or other order is subject to responsibility in accordance with general practice.
Person is not subject to responsibility for non-execution or violation of the order, the order or job responsibilities if they were assigned to it illegally. Responsibility comes only if the act which is actually made by it comprises all signs of other actus reus.
Damnification to the rights and interests protected by the law is not crime in case of justified professional or economic risk for achievement of the socially useful purpose.
The risk is recognized justified if committed action corresponds to modern scientific and technical knowledge and experience, and the effective objective could not be achieved by the actions which are not connected with risk and person which allowed risk took necessary measures for prevention of harm to the rights and the interests protected by the law.
In case of justified professional or economic risk responsibility for damage suffered does not come and if the desirable socially useful result was not achieved and harm was more considerable, than the pursued socially useful purpose.
The risk is not recognized justified if it was obviously integrated to threat of death of people, environmental disaster or other heavy effects.
Failure to carry out of contractual commitments by subjects of entrepreneurship before banks and other financial organizations on rendered to them to services including issued to the credits, connected with entrepreneurial and other commercial risks, is not the basis for criminal prosecution of employees of banks and other financial organizations.
Damnification to the rights and interests protected by this Code, put as a result of physical or mental compulsion or threat of application of such coercion is not crime if owing to such coercion or threat person could not direct the actions (failure to act).
The question of criminal liability for damnification to the rights and interests protected by this Code, put as a result of physical or mental compulsion or threat of application of such coercion owing to which person kept opportunity to direct the actions (failure to act), is solved taking into account provisions of article 38 of this Code
Punishment is the enforcement measure applied on behalf of the state according to the court verdict to person found guilty of crime execution, and consisting in the deprivation or restriction of certain rights and freedoms of the convict provided by the law.
Punishment is applied for the purpose of correction, hindrance to continuation of criminal activities, and also the prevention of making of new crimes both the convict, and other persons.
The following primary punishments can be applied to persons found guilty of making of crimes:
b) deprivation of certain right;
-1) obligatory social jobs
c) corrective works;
d) restriction on service;
e) It is excluded;
д (1) restriction of freedom;
e) the direction in disciplinary part;
h) lifelong imprisonment.
Except the main, additional punishment in the form of deprivation of military or special rank can be applied to convicts.
Punishments in the form of restriction on service or the directions in disciplinary part are applied only to the military personnel.
Deprivation of certain right can be applied not only as the basic, but also as additional punishment.
The penalty is the cash collection in the income of the state imposed on guilty of the sizes established by this Code.
The penalty is established ranging from five up to six hundred basic settlement sizes.
In case of evasion of the fine condemned from payment which is ordered to pay as punishment in the terms established for forced execution, or impossibility of recovery of penalty during the term established for forced execution because of absence at the debtor of property on which collection can be turned, and it is equal in case of failure to pay penalty after the term of delay or violation of conditions of payment of penalty by installments, court replaces outstanding amount of penalty with punishment in the form of obligatory social jobs, corrective works, restriction on service, restriction of freedom or imprisonment. In this case obligatory social jobs are appointed at the rate of two and a half hours for the penalty amount corresponding to one basic settlement size, but for the term of not over four hundred eighty hours, corrective works, restriction on service, restriction of freedom or imprisonment - at the rate of one month for the penalty amount corresponding to sixteen basic settlement sizes, but for the term of not over three years.
Deprivation of certain right of person consists in prohibition to the guilty person during the term appointed by court to hold these or those positions at the companies, in organizations or the organizations or to be engaged in these or those activities. The type of such position or activities is determined by court in case of the resolution of conviction.
Deprivation of certain right is established for the crimes which are directly connected with the position held by the guilty person or its activities for a period of one year up to five years as primary punishment and for a period of one year up to three years as additional punishment.
If deprivation of certain right is not appointed guilty of quality of primary punishment, it can be appointed by court as punishment, additional to the any kind, provided by the relevant article of the Special part of this Code.
In case of purpose of deprivation of certain right as additional punishment to imprisonment, the direction in disciplinary part it extends to all the time of serving by the convict of primary punishment and, moreover, for the term established by sentence. In case of purpose of this punishment as additional to other primary punishments and in case of conditional condemnation, its term is estimated from the moment of the introduction of sentence in legal force.
Penalty in the form of deprivation of the right to occupation by business activity concerning the persons who are engaged in business activity, except as specified, entailed the death of the person or other heavy effects is not imposed.
Obligatory social jobs consist in forced involvement of the convict to accomplishment of free socially useful works. In the presence at the convict of work or study obligatory social jobs are left for time, free from work or study.
Places (objects) on which convicts can leave obligatory social jobs and type of obligatory social jobs are determined by the bodies knowing execution of this punishment.
Obligatory social jobs are established for a period of hundred twenty till four hundred eighty o'clock and not over four hours a day within six months are left, and in case of the circumstances which are not depending on the convict - up to one year.
Obligatory social jobs are not applied to the persons which reached retirement age, did not reach sixteen years, to the expectant mothers, women having children under three years, to the disabled people of the first and second group, the military personnel, foreign citizens and persons who are not living constantly in the Republic of Uzbekistan.
In case of the evasion condemned court from serving sentence replaces the unexpired term of obligatory social jobs with punishment in the form of restriction of freedom or imprisonment at the rate of one day of restriction of freedom or imprisonment in four hours of obligatory social jobs. Evasion time of the served sentence is not set off in time
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