Publication Details
Abstract
This article provides a comprehensive analysis of the legal grounds, nature, and practical application of the institution of suspended sentencing as stipulated in Article 72 of the Criminal Code of the Republic of Uzbekistan. Particular attention is paid to the criteria considered by courts when applying a suspended sentence, including the nature and degree of social danger of the committed crime, the personality of the offender, and mitigating circumstances established in the case.Based on the analysis of probation service statistics and judicial practice for the period 2020–2024, the dynamics of the application of suspended sentences, the reasons for their decreasing use, and trends in their application with respect to certain categories of crimes are examined. The article substantiates the position that the application of a suspended sentence should not be limited solely by the type or term of punishment imposed, but should primarily be based on the category of the crime and its degree of social danger.The author also justifies the expediency of extending the application of suspended sentencing to the punishment of restriction of liberty and proposes systematizing the list of punishments in Article 72 of the Criminal Code in ascending order of severity. Conclusions are drawn regarding the need to improve judicial approaches to assessing social danger and mitigating circumstances when applying suspended sentences.