ОБСТОЯТЕЛЬСТВА, СМЯГЧАЮЩИЕ НАКАЗАНИЕ И ИСКЛЮЧАЮЩИЕ ПРЕСТУПНОСТЬ ДЕЯНИЯ ПО УГОЛОВНОМУ ЗАКОНОДАТЕЛЬСТВУ КОРОЛЕВСТВА НИДЕРЛАНДОВ (СРАВНИТЕЛЬНЫЙ АНАЛИЗ)

Abstract

This article provides a comparative analysis of the criminal legislation of the Netherlands in terms of consideration of the mitigating factors and criminal defenses. This paper provides an overall exploration of mitigation of sentence institute in accordance with the present edition of the Penal Code of the Netherlands, adopted on March 3, 1881, and entered into force from September 1, 1886, and the existing edition of the Criminal Code of the Republic of Uzbekistan, adopted on September 22 and entered into force from April 1, 1995, including the issues on determining the punishment for the criminal offenses committed in mental disorder as well as insanity and diminished responsibility, for not completed offenses and the criminal complicity, exemption from liability and punishment, including criminal defenses and voluntary rejection from crime as per of Netherlands’ criminal legislation. Pursuant to the results of the conducted analysis, similar and different sides of current criminal laws have been clarified, decisions on the concluded analysis and final conclusion on the implementation of some criminal law norms to the criminal law of the Republic of Uzbekistan have been provided.