QILMISHNI JINOYATGA SUIQASD SIFATIDA KVALIFIKATSIYA QILISH VA OʻXSHASH TARKIBLI JINOYATLARDAN FARQLASH MASALALARI

Abstract

This article analyzes the signs of a specific type of attempt–an “imaginary attempt–and questions about its qualification. The author developed the author’s definition of the concept of “imaginary attempt”. It is noted that crimes where the criminal intent of a person is aimed at the onset of the consequences provided for by the aggravating (qualifying) composition, however, when the act was committed, the consequences of the main corpus delicti occurred, without signs of an aggravating corpus delicti, should be understood as a “sham attempt”. The author, on the basis of the theory of criminal law and materials of judicial practice, analyzes the signs and features of these types of crimes and questions of their qualifications. In particular, the absence of a unified approach to the qualification of the attempted murder of two or more persons, the attempted murder of a woman who was known to be pregnant, and the circumstances that should be taken into account when assessing these types of acts have been comprehensively studied. It also highlights in detail the distinctive aspects from attempted murder (Art. 25, 97 of the Criminal Code) of some similar crimes, in particular, threats to kill or use violence (Art. 112 of the Criminal Code), intentional infliction of grievous bodily harm (Art. 104 of the Criminal Code), and their qualifications.