This article analyzes the issues of determining and qualifying the crime of intentional homicide, deviating from the limits of the necessary defense. Also, in the article, the objective side of murder, provided for in Article 100 of the Criminal Code, is characterized by the presence of the following signs: socially dangerous behavior of the defendant; a socially dangerous consequence in the form of the death of the aggressor; and the causal connection between the actions and the specified consequences are also highlighted. In addition, the necessary defense in the article is to repel aggression. As a basis for the use of defense, the aggression is committed by means of socially dangerous actions, and the socially dangerous aggression cannot be repelled by inaction, but the consequences arise by avoiding the negative effects of the aggressor, for example, running away or turning to law enforcement agencies for help. There are also ideas about not allowing it. Also, in the article, the necessary conditions of defense include not only criminal aggression but also the forces, means, and opportunities of the defender to repel this aggression, as well as other objective factors that determine the ratio of the forces of the aggressor and the defender and distinguish relatively favorable and unfavorable defense conditions. These damage limits, as well as significant implications for deviations from them, are also stated.
| Mualliflar | Komil Khakimov |
|---|---|
| Jurnal | Юридик фанлар ахборотномаси – Вестник юридических наук – Review of law sciences |
| Nashr sanasi | 2023-09-27 |
| Jild | 7 |
| Son | 3 |
| Betlar | 88-97 |
| Til | en |
| DOI | 10.51788/tsul.rols.2023.7.3./ajyr5282 |
DOI: 10.51788/tsul.rols.2023.7.3./ajyr5282 · Maqolaning asl sahifasi · PDF
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