JINOYATGA SUIQASD QILISHNING SUBYEKTIV TOMONI

Abstract

This article analyzes the attempted crime, and its subjective features on the basis of the conceptual approaches available in legal science, scientific and theoretical views, as well as materials of judicial practice. Based on the recommendations developed by the author, the impossibility of attempted crimes committed with indirect intent and negligence is proved. It is substantiated that an attempted crime can be expressed only through direct intent, since the perpetrator is aware of the socially dangerous nature of his act, foresees socially dangerous consequences and wishes these consequences to occur. Also, based on the analysis of scientific views and sentences of the courts, the issue of the possibility of committing such crimes with the peculiarities of the subjective side of crimes as intentional killing in heat of passion (Article 98 of the Criminal Code) and intentional killing in excess of self-defense (Article 100 of the Criminal Code). At the same time, such signs of the subjective side of an attempted crime as motive, purpose, and emotion have been studied, and it is substantiated, in cases where these signs are provided by the Special Part, the need to identify such signs in the committed act. According to the results of the study, it has been proved that there is a need to amend the current criminal legislation that an attempted crime is committed only with direct intent.