CONCEPT AND CHARACTERISTICS OF TORTURE, CRIMINAL PROSECUTION, OR PUNISHMENT

• Abror Mamajanov

Torture, criminal prosecution, and punishment represent critical components of legal and human rights systems, each influencing justice and societal norms. The conceptualization and characteristics of these practices are deeply rooted in legal, ethical, and sociopolitical frameworks, yet they continue to be contentious and complex subjects within criminal justice discourse. Despite extensive examination of these elements individually, there is a lack of comprehensive studies that integrate their conceptual foundations with contemporary applications and implications. This study aims to explore the definitions, characteristics, and interrelationships of torture, criminal prosecution, and punishment, assessing how they are conceptualized in modern legal systems and their impact on justice. The research finds that while torture is universally condemned and criminal prosecution and punishment are widely accepted components of justice, there is significant variation in their application and ethical considerations across different jurisdictions. This study contributes to the literature by providing an integrated analysis of these practices, highlighting how evolving legal standards and human rights norms are reshaping their application and understanding. The findings suggest that a nuanced understanding of these concepts is essential for developing more effective and ethical legal frameworks, ultimately enhancing the integrity and fairness of criminal justice systems globally.

Constitution of the Republic of Uzbekistan: - T.: "Uzbekistan", 2023. - 76 p.

Alekseev, S. S. General Theory of Law. In 2 volumes. Vol. 2 / S. S. Alekseev. - M .: Legal Literature, 1982 .-- 361 p. // Bratko, A. G. Prohibitions in Soviet Law / A. G. Bratko. - Saratov: Publishing House of Saratov University, 1979 .-- 91 p.

Address of the President of the Republic of Uzbekistan Shavkat Mirziyoyev to the Oliy Majlis. Date: 21.12.2017 Source: http://uza.uz/uz/politics/

Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment // The Russian Federation and international cooperation in the field of human rights: documents and materials. – M.: International Relations, 2009. – P. 384–397.

Universal Declaration of Human Rights (Adopted and proclaimed by Resolution 217 A (III) of the UN General Assembly of December 10, 1948) // Source: www.lex.uz.

Vitruk, N. V. General Theory of the Legal Status of an Individual / N. V. Vitruk. – M.: Norma, 2018. – 448 p. – P. 152.

Matuzov, N. I. Legal System and Individual / N. I. Matuzov. – Saratov: Saratov University Publishing House, 2007. – 294 p. – P. 280.

Beccaria, C. Reasoning about Crime and Punishment / C. Beccaria. – M.: Infra-M, 2004. – 184 p. – P.96-97.

Elci and Others v Turkey (2003) para. 634 and also Selmouni v France (1999). In this regard, it is noteworthy that in Aydin v Turkey (1997)

The Prohibition of Torture, Inhuman or Degrading Treatment or Punishment under the European Convention on Human Rights (Article 3) // Guide for Lawyers – The Prohibition of Torture, Inhuman or Degrading Treatment or Punishment under the European Convention on Human Rights (Article 3). December 2008. – P.3-4.

Judgment in the case of Ireland v. the United Kingdom of 18 January 1978 – Series A. – No. 26. – P. 65, para 162.

Janis, M. European Law in the Field of Human Rights (Practice and Commentary): trans. from English / M. Janis, R. Kay, E. Bradley. – M.: Human Rights, 2007. – 640 p. - pp. 142, 146, 147.

Rakhmanova E.N. Crime Control Strategies in the Context of Globalization / E.N. Rakhmanova // Criminal Procedure Strategies: collection of materials of the scientific. conf. for the 160th anniversary of the birth of I.Ya. Foinitsky. - M.: Russian Academy of Sciences. justice, 2018. — P. 149–151.

Niyozova S.S. Issues of sentencing for a crime in the form of torture and a comparative analysis of the legislation of foreign countries. Information and analytical materials and recommendations. – Tashkent: TDYUU, 2016. – P.11.

S.S.Niyozova. Prevention of Crime in the Family and the Role of Victimology in the Republic of Uzbekistan. International Journal of Advanced Science and Technology Vol. 29, No. 3, (2020), pp. 3962.

Salomat Niyozova Sararovna. Reasons for the Murder of a Newborn Child by a Mother and Criminal Liability for it. Accerted: 12 June 2024. The Author(s), under exclusive licence to Srringer Nature B.V. 2024.

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