Science and Education in Karakalpakstan. 2023 №2/1 ISSN 2181-9203
188
Disciplinary punishment is a means of preventing incarceration and helps minors understand
the crime they commit. Disciplinary punishment tools can be repairing damaged objects, asking the
victim
for personal forgiveness, performing fines and social work. For example,
a court may set
social hours for juvenile offenders for causing theft or minor bodily harm.
Incarceration is the most severe form of punishment, and is applied as a last resort to minors
if the interests of protecting society demand (e.g., if the offender has a detrimental tendency). A
child can be imprisoned for a period of 6 to 5 years, and a teenager up to 10 years. The
determination of the particular severity of murders and crimes is an exception to the general rule. In
this case, a minor can be sentenced to up to 15 years of imprisonment.
CONCLUSION
While a comparative analysis of the Criminal Law of many developed foreign countries, in
particular the Federal Republic of Germany, we note that the penalties
assigned to them are
important in protecting the rights and freedoms, interests of minors, in preventing the commission
of crimes by minors.
In a general conclusion based on the information cited above,
we can see a number of
similarities and differences in the penal system applied to minors in the Criminal Law of the
Republic of Uzbekistan and the Criminal Law of the Federal Republic of Germany (StGB). The
Criminal Law of the Republic of Uzbekistan uses five
types of punishment for minors, while the
Federal Republic of Germany uses three types of punishment. Referring
to the differences in the
penal system, where the Criminal Law of the Republic of Uzbekistan specifically states the penalty
of fines against minors, we can see that in the Criminal Law of the GFR minors, the fine is included
as a component of the type of “disciplinary punishment”. In addition, another noticeable difference
is that paragraph 3 of the plenum of the Supreme Court of the Republic of Uzbekistan No. 21 of
September 15, 2000 [6] on the judicial practice of juvenile delinquency”, according to Article 51 of
the Code of Criminal Procedure [7] the participation of a lawyer in criminal cases committed by
minors during the period of inquiry, preliminary investigative actions and In cases where a defender
is
required to participate, any evidence determined without his participation is not of legal force.
During the study of the Criminal Code of the Federal Republic of Germany (StGB) and the juvenile
criminal law (Jugendstrafrecht) it was observed that this norm does not exist for minors. To dwell
on the similarity aspect, the case of juvenile crimes in both countries will be seen in a closed court
session. In accordance with Article 37 of the Convention on the rights of the child, it is established
that penalties such as death and life imprisonment for minors cannot be applied. This norm in the
convention is studied, both countries are embodied in criminal law.
Emphasizing
another different aspect, the German Criminal Code also includes signs that
are characteristic of the age of a criminal subject. For example, according to Article 19 of the Code,
“a person who has not reached the age of 14 at the time of committing a crime has been found to
have acted without guilt”. This norm is important for qualification and clearly determines the age of
the subject of the crime. So, for any crime in Germany, a person can be criminally liable from the
age of 14. Unlike the German
Criminal Code, the age of the subject is defined in three different age
categories according to the “liability of individuals” established in Article 17 of the Criminal Code
of our country. According to the first part of this article, the total subject age is set at sixteen years.
In addition, this article also specifies substances in which the subject of the crime is fourteen years
old and substances in which he is eighteen years old.
As a proposal for information and research in the scientific article, I would like to note the
following. I think it will be appropriate to revise and change the age of the criminal subject, which
is established in the Criminal Code of the Republic of Uzbekistan. For example, for JK Article 97
(intentional homicide), the age of the crime subject is set at fourteen years. In this norm, I express
as a proposal to establish the age of the subject as sixteen years. Because a fourteen-year-old minor