INTENTIONAL HOMICIDE IN CASES OF MITIGATION: CONCEPT, CONTENT AND SPECIFIC ASPECTS

Abstract

In this article, the author has highlighted the concept, content, and specific aspects of premeditated murder in cases of mitigation. The author notes that as a sign of recognition of a crime committed in a state mitigating guilt, Article 98, 106 of the Criminal Code provides for a state of strong mental excitement (affect). This crime manifests itself as a victim’s response to illegal and immoral behavior. It is the illegal and immoral behavior of the victim that manifests itself as a “forgiving” state and leads to a decrease in the degree of public danger of the crime. The article notes the specifics of the role of crimes committed by the Criminal Code of the Republic of Uzbekistan in the category of crimes against the life and health of an individual in the case of severe mental arousal, premeditated murder, and intentional infliction of serious or moderate bodily injury. Given that these crimes fall under the category of crimes with mitigating circumstances, it becomes important to comprehensively analyze their composition and specific aspects. The following two cases serve as grounds for falling into the category of crimes of mitigating content: firstly, the perpetrator of these crimes acts in a specific mental state, that is, in a state of strong mental excitement (affect). Secondly, it is not the presence of the fact of affect as a mitigating circumstance from the point of view of criminal law and criminology, it may be justified that the guilty person has a justified occurrence of an affective state, that is, its occurrence is caused by illegal actions of the guilty. sacrifice or behavior contrary to morality as the main factor.