THEORETICAL AND PRACTICAL ISSUES OF QUALIFYING INCOMPLETE CRIMES: THE INSTITUTIONS OF PREPARATION FOR A CRIME AND ATTEMPTED CRIME
Keywords:
crime, incomplete crime, preparation for a crime, attempted crime, stages of crime, criminal intent, legal qualification, voluntary abandonment, criminal liability, punishment.Abstract
This article analyzes the theoretical and practical issues of qualifying incomplete crimes under the criminal legislation of the Republic of Uzbekistan. In particular, it examines the legal nature, objective and subjective elements of preparation for a crime and attempted crime, as well as the criteria for distinguishing these institutions from each other and from a completed crime. Particular attention is paid to the legal significance of the direction of criminal intent, the degree of implementation of the objective elements of the crime, and the failure to complete the crime due to circumstances beyond the offender’s control. The article also considers the distinctive features of voluntary abandonment in comparison with incomplete crimes, the peculiarities of sentencing for incomplete crimes, and certain problems arising in law-enforcement practice. As a result of the study, scientific and practical proposals are put forward to further clarify the criteria for qualifying incomplete crimes.
