Specific characteristics of the concepts of “Harm principle” and “Result crimes” in English criminal law: comparative legal analysis

Khudaykulov, Feruzbek, Худайкулов, Ферузбек, Xudaykulov, Feruzbek

Жамият ва инновациялар / Общество и инновации / Society and innovations · 2025-yil

Annotatsiya

In this article, such research methods were widely used as logical, systemic, comparative legal. In particular, first of all, a comparative legal analysis of the concepts of the "principle of harm" (harm principle) and socially dangerous consequences (result crimes) in English criminal law is described in detail; in English criminal law, in order to protect human rights and the well-being of society, criminal laws should be applied only to prevent harm to others, the existence of the "principle of harm" (harm principle) and the scientific approaches of scientists to them are described in detail. In particular, in the laws of England and Wales, it is stated that the principle of "harm" (harm Principle) is theoretically one of the most important guiding principles for criminal legislation, and in practice, only reliable damage caused to social relations protected by criminal law is considered a crime if it is proven by certain evidence. The criminal law of England and the USA is based on the system of traditional common law, which states that there are external (actus reus) and internal (mens rea) components of the crime, and in this system, many crimes are "result crimes," that is, a certain harmful consequence is necessary for the commission of a crime. The concept of "criminal consequence" (result crimes) in English criminal law encompasses crimes directly related to socially dangerous consequences. For example, intentional murder (murder), ordinary manslaughter (manslaughter), arson (arson), grievous bodily harm (grievous bodily harm) are among them. In this article, it is stated that the harm principle (harm principle) in English criminal law is being reviewed by scholars in several directions, firstly, the harm in cybercrimes is manifested not in material form, but in the violation of information security and personal data, secondly, in environmental crimes, the socially dangerous consequence arises not through harm to humans, but through harm to nature and the interests of future generations; thirdly, it is described in detail that in the context of a pandemic (public health offences), the socially dangerous consequence is assessed as a threat to public health, and these circumstances create the need for a broad interpretation of the harm principle (harm principle). It is stated that modern criminal encroachments require a revision of the principle of causing harm (harm principle) and the concept of "criminal consequence" (result crimes), as well as a broader definition of the concept of the social danger of a crime.

Maqola ma’lumotlari
MualliflarKhudaykulov, Feruzbek, Худайкулов, Ферузбек, Xudaykulov, Feruzbek
JurnalЖамият ва инновациялар / Общество и инновации / Society and innovations
Nashr sanasi2025-09-15
Jild6
Son5
Betlar301-313
TilO‘zbek
DOI10.47689/2181-1415-vol6-iss5-pp301-313

Kalit so‘zlar

“принцип причинения вреда” (harm principle), общественно опасные последствия (result crimes), потенциальный вред (potential harm), причинение тяжкого вреда здоровью (grievous bodily harm), киберпреступления, экологические преступления, преступления против общественного здоровья (public health offences), crime, harm principle, result crimes, potential harm, grievous bodily harm, cybercrimes, ecological crimes, public health offenses, jinoyat, “zarar yetkazish prinsipi” (harm principle), ijtimoiy xavfli oqibat (result crimes), ehtimoliy zarar (potential harm), og‘ir tan jarohati yetkazish (grievous bodily harm), kiberjinoyatlar, ekologik jinoyatlar, ommaviy sog‘liqqa qarshi jinoyatlar (public health offences)

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