SOME ISSUES OF EXEMPTION FROM LIABILITY IN CONNECTION WITH THE LOSS OF PUBLIC DANGER OF AN ACT OR PERSON

Abstract

This article discusses the procedural problems associated with the refusal or termination of proceedings in the case and aspects of the legal regulation of these issues when releasing a person from responsibility in connection with the committed act or loss of a person’s public danger due to a change in circumstances during the investigation and consideration of the court case. The article analyzes the practice of refusal to initiate criminal proceedings and termination of criminal proceedings on this basis, highlights inconsistencies in legislation (substantive and procedural) and practice, as well as conflicting circumstances. Also, studying the opinions of scientists from a legal point of view on the proposal to change circumstances, a legal definition was developed that a person lost his public danger as a result of a change in circumstances. The study used such methods as analysis, synthesis, induction, deduction, and comparative legal analysis. In the course of the study, advanced foreign experience, scientific and theoretical views, and investigative and judicial practice were studied, as a result of which proposals and recommendations were developed for making appropriate amendments and additions to the Criminal Procedure Code of the Republic of Uzbekistan and other legislative and subordinate acts.