ANALYSIS OF VOLUNTARY RENUNCIATION BASED ON THE ELEMENTS OF A CRIME

Abstract

Judgments about the legal nature of voluntary renunciation of crime have been formed since the middle of XX, a number of aspects of the question were covered in studies conducted at that time. Paying attention to the genesis of voluntary renunciation, you can see that is still not formed. Despite the fact that the current criminal law of the Republic of Uzbekistan establishes the rule «exclusion of criminal liability for voluntary renunciation». In the doctrine of criminal law as a legal consequence of voluntary renunciation, some groups of authors noted «exemption from criminal responsibility», others — about «exclusion of criminal responsibility», another group of scientistsʼ claims that it is necessary to reflect the legal consequences in the form of «no criminal prosecution». The basis of these opinions is essentially related to the existence or absence of elements of the offence of voluntary renunciation. Therefore, the question of exonerating a person from responsibility arises where there is evidence of a crime committed in the act committed. Therefore, in the scientific article, voluntary renunciation of a crime is analyzed taking into account the features of the elements of the crime, the positions of scientists in this regard are examined, and on this basis the authorʼs opinion is grounded.